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Board & Governance

Arizona HOA/Condo Board Removal: A.R.S. 33-1813

Arizona law lets eligible association members remove certain board members by majority vote at a special meeting, with petition rules, quorum thresholds, and deadlines for calling and holding the meeting.

Harrington Editorial Team Checked against the official text on 4 min read
Key facts and full text of A.R.S. 33-1813 Read A.R.S. 33-1813 on the official site

What the law covers

A.R.S. 33-1813 applies to a meeting at which a board member, other than a member appointed by the declarant, is proposed to be removed. It applies notwithstanding any provision of the declaration or bylaws to the contrary.

Eligible members may remove any board member other than a member appointed by the declarant by a majority vote of those voting on the matter at a meeting of the members. Members may remove a board member with or without cause, other than a member appointed by the declarant.

For associations with separately designated voting districts, a board member may be removed only by a vote of the members from that voting district, and only those members may vote or be counted for quorum.

The association's governing documents and later amendments may also apply.

Key requirements and limits

The meeting must be called pursuant to A.R.S. 33-1813, and action may be taken only if a quorum is present.

Removal requires a majority vote of those voting on the matter.

If at least one but fewer than a majority of board members are removed, vacancies are filled as provided in the community documents. If a majority are removed, or if the community documents do not provide a method for filling vacancies, the association must hold an election at a separate meeting not later than thirty days after the removal meeting.

A removed board member cannot serve again until after expiration of the removed member's term of office, unless the community documents provide a longer ineligibility period.

A petition for removal of the same member may not be submitted more than once during each term of office for that member.

The board must retain all documents and other records relating to the proposed removal and any election or other action taken for that director's replacement for at least one year after the date of the special meeting and allow member inspection under section 33-1805.

If a civil action is filed regarding removal, the prevailing party is awarded reasonable attorney fees and costs.

Notice, hearing and deadlines

Petition thresholds:

  • One thousand or fewer members: petition signed by eligible voters equal to at least twenty-five percent of the votes or at least one hundred votes, whichever is less.
  • More than one thousand members: petition signed by eligible voters equal to at least ten percent of the votes or at least one thousand votes, whichever is less.

Deadlines:

  • The board must call and provide written notice of the special meeting as prescribed by section 33-1804, subsection B.
  • The special meeting must be called, noticed and held within thirty days after receipt of the petition.
  • If the board fails to call, notice and hold the meeting within thirty days, the members of the board of directors are deemed removed from office effective at midnight of the thirty-first day.

Quorum:

  • A quorum is present if eligible voters equal to at least twenty percent of the votes or at least one thousand votes, whichever is less, are present in person or as otherwise allowed by law.

Practical checklist for homeowners

Neutral steps:

  • Read your governing documents and check the official statute text for updates.
  • Determine whether your association has one thousand or fewer members or more than one thousand members.
  • Confirm that petition signers are eligible to vote at the time they sign.
  • Keep copies of the petition, notices, and meeting records.
  • Verify that the special meeting is called, noticed, and held within thirty days after the petition is received.
  • Check the quorum rules before attending or counting votes.
  • Remember that a removed member cannot return until after their term expires, unless the community documents say otherwise.

Source

A.R.S. 33-1813, official text
“may remove any member of the board of directors, other than a member appointed by the declarant, by a majority vote of those voting on the matter”
“The special meeting shall be called, noticed and held within thirty days after receipt of the petition.”
“the members of the board of directors are deemed removed from office effective at midnight of the thirty-first day.”
“a quorum is present if the number of owners who are eligible to vote in the association at the time the person attends the meeting equal to at least twenty percent of the votes of the association”

Frequently asked questions

Can a board member appointed by the declarant be removed under this law?

No. A.R.S. 33-1813 applies to board members other than a member appointed by the declarant.

How many signatures are needed to call a special removal meeting?

For an association with one thousand or fewer members: at least twenty-five percent of the votes or at least one hundred votes, whichever is less. For an association with more than one thousand members: at least ten percent of the votes or at least one thousand votes, whichever is less.

How quickly must the special meeting be held after a valid petition?

The special meeting shall be called, noticed and held within thirty days after receipt of the petition.

What happens if the board does not hold the meeting within thirty days?

The members of the board of directors are deemed removed from office effective at midnight of the thirty-first day.

Can a removed board member serve again immediately?

No. A removed member is not eligible to serve again until after expiration of the removed board member's term of office, unless the community documents specifically provide for a longer period of ineligibility.

This page is general legal information, not legal advice, and Harrington Community is not a law firm. Statutes are amended over time and your association's governing documents may also apply. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.

Arizona HOA Declaration Amendments and Design Review: A.R.S. 33-1817 Arizona HOA Solar Devices: A.R.S. 33-1816 Arizona HOA Common Expense Liens: A.R.S. 33-1807 Arizona HOA Resale Disclosure: A.R.S. 33-1806

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