Arizona's HOA Removal Rules Explained
Removing a Board Member, or Removing Your Pergola?
"Removal" means two very different things in HOA disputes. Sometimes homeowners want to remove a director. Sometimes the association wants to remove your patio cover. Different statutes govern each, and procedural mistakes are fatal on both sides.
Recalling a Board Member Is a Statutory Right
Arizona homeowners do not have to wait out a bad board member's term. State law gives members of both planned communities and condominiums a recall procedure that overrides anything more restrictive in the governing documents. A.R.S. § 33-1813 (planned communities); A.R.S. § 33-1243 (condominiums).
How to Remove a Board Member.
The mechanics matter. The process starts with a petition. In a community of 1,000 or fewer members, the petition must be signed by members entitled to cast at least 25% of the votes, or 100 votes, whichever is less.
In larger communities, the threshold is 10% of the votes or 1,000 votes, whichever is less. Once the petition is delivered, the board must call a special meeting within 30 days. Removal requires a majority of the votes cast, with a quorum of 20% of the votes or 1,000 votes, whichever is less.
One big caveat: The statute does not apply to directors appointed by the developer during the period of declarant control. Recall efforts fail on procedure far more often than on the merits. Count your signatures carefully and follow the statute to the letter, because the board’s lawyers certainly will.
Removing Structures and Improvements
The other kind of removal runs in the opposite direction. Associations regularly demand that homeowners tear out fences, patio covers, landscaping, and shade structures they claim were never approved.
The association does not get to skip steps either. Before enforcing, it must give written notice identifying the violation, the date, and the provision of the documents allegedly violated, and the homeowner has a statutory opportunity to respond. A.R.S. § 33-1803(D).
A homeowner who disputes the violation can also petition the Arizona Department of Real Estate for a hearing before an administrative law judge, a forum considerably cheaper than superior court. A.R.S. § 32-2199.01.
Homeowners should also know that the Legislature has been steadily trimming associations' power over certain improvements. Solar energy devices have long been protected. A.R.S. § 33-1816. And as of this year, planned community associations can no longer prohibit backyard shade structures at all. A.R.S. § 33-1816.01.
The Mistake That Causes Most of These Fights
City approval is not HOA approval. A building permit from your municipality does not satisfy the association's architectural review process, and homeowners learn this the expensive way every year. Get written approval before you build, keep a copy, and never rely on a board member's verbal blessing.
Condominiums Add a Layer
In a condominium, modifications can touch common elements or building exteriors, and will almost always require association approval, because you don't own those components outright. Review the declaration before making significant changes to your unit.
If you’re looking for HOA legal support in this area, contact an HOA-specific lawyer.