HB 2095
Initials PB Page 1 Commerce
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2095: homeowners' associations; declaration amendment; vote
S/E: same subject
Sponsor: Representative Kupper, LD 25
Committee on Commerce
Summary of the Strike Everything Amendment to HB 2095
Overview
Prescribes necessary voting requirements to amend an association's declaration for
nonbranded and branded communities.
History
Current statute outlines how a declaration may be amended for condominium association or
planned community association. The declaration, including the plat, of a condominium
association may be amended only by a vote of the unit owners to which at least 67% of the
votes in the association are allocated, or any larger majority that the declaration specifies.
The declaration is allowed to specify a smaller percentage only if all of the units are restricted
exclusively to nonresidential use (A.R.S. § 33-1227).
For an amendment to the declaration of a planned community association, the amendment
may be made by the association or the owners of the property that is subject to the
declaration, by an affirmative vote or written consent of the number of owners or eligible
voters specified in the declaration. This includes the assent of any individuals or entities that
are specified in the declaration (A.R.S. § 33-1817).
Provisions
1. Prescribes the voting requirements to amend a homeowners associations' declaration for
nonbranded communities or branded communities based on whether the proposed
amendment would remove or reduce one or more restrictions or would add or increase the
restrictions. (Sec. 1, 2)
2. Defines unbranded community and branded community in the context of a condominium
and planned community. (Sec. 1, 2)
3. Makes technical and conforming changes. (Sec. 1, 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note