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

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.