Arizona HOA bill

HB2619

homeowners' associations; declaration amendment; majority

The declaration (CC&Rs) binds every owner, and changing it takes a member vote. This bill sets the majority needed to amend the declaration, which decides how easy or hard it is to change community rules.

In short: Sets the majority needed to amend the HOA declaration (CC&Rs).

Passed House only Mixed · 2021 · 55th Reg. Session

What it does & where it stands

Modifies the number of votes necessary for a member of a unit owner's association or planned community association to amend the declaration.

For homeowners: Genuinely mixed: it sets a simple-majority (more than 50%) threshold to amend the declaration, overriding higher supermajorities in the community documents. That lower bar helps organized owners strip unwanted restrictions but equally lets a bare majority impose new restrictions on the minority, and it preserves declarant development rights during declarant control. It passed the House only.

Key provisions

What the bill actually does, point by point — from the Arizona Legislature’s official fact sheet.

  1.   States that a unit owner's declaration may only be amended by a vote of the unit owners to which more than 50 percent of the votes are allocated, notwithstanding any provision of the condominium documents or other restrictions on modifying the declaration. (Sec. 1)
  2.   Specifies that during the period of declarant control, an amendment must not terminate or decrease any unexpired development right unless the declarant approves. (Sec. 1)
  3.   Stipulates that a planned community declaration may be amended by an affirmative vote or written consent of a majority of the owners or eligible voters, notwithstanding any provision of the community documents or other restrictions on modifying the declaration. (Sec. 2)
  4.   Makes technical and conforming changes. (Sec. 1, 2)
Arizona statutes it changes

The A.R.S. sections this bill amends, adds, or repeals — taken from the bill text. Click one to read the current law.

Sponsors
Kevin Payne Cosponsor
Who lobbied on this bill 1

Organizations and industry insiders who registered a position on this bill through the Legislature’s public Request to Speak system — simply where each stood: For, Against, or Neutral. Individual homeowners are not listed. Whether this bill helps or hurts homeowners is our own read, shown by its label above — a group’s position doesn’t set our call. Each row links to that entity’s report card and to the source at azleg.gov.


Disposition and votes are from the Arizona Legislature (azleg.gov). The plain-language description is our neutral summary of the bill’s subject; the “for homeowners?” tag reflects our methodology. Not legal advice.

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