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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (Planned Communities Act)
Arizona planned-community HOAs are generally governed by the Arizona Planned Communities Act (A.R.S. Title 33, Ch. 16). For amending the declaration, the Act generally defers to the number of owners or eligible voters specified in the declaration, so your recorded CC&Rs typically set the approval percentage — commonly two-thirds or 75% (A.R.S. § 33-1817). An amendment generally becomes effective only once the written instrument is recorded in the county where the property is located, ordinarily prepared and recorded within 30 days of adoption.
Condominiums (Condominium Act)
Arizona condominiums generally fall under the Arizona Condominium Act (A.R.S. Title 33, Ch. 9). The Act generally provides that the declaration may be amended only by a vote of owners holding at least 67% of the association's votes, or any larger majority the declaration specifies (A.R.S. § 33-1227). Certain changes — such as altering unit boundaries, the number of units, or the allocated interests — can require unanimous consent, and an amendment must generally be recorded to take effect.
How the vote can run
After the period of declarant control ends, both Acts generally prohibit voting by proxy and instead require the association to offer in-person voting and absentee ballots, and they may permit other delivery methods such as email or fax (A.R.S. §§ 33-1250, 33-1812). Absentee ballots generally must list each proposed action with a for/against choice and allow at least seven days to be returned. Secret-ballot procedures may apply where the community's documents call for them, which a managed online vote can be configured to honor.
Before we quote
Arizona details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Arizona vote has to answer.
Whether the property is a condominium (Condominium Act) or a planned community (Planned Communities Act) generally changes the default amendment threshold and some consent rules.
For condos, the statutory default is generally at least 67% of association votes to amend the declaration, unless the recorded declaration sets a higher bar (A.R.S. § 33-1227).
For planned communities, there is generally no statutory percentage; the threshold written into the recorded declaration — often two-thirds or 75% — controls (A.R.S. § 33-1817).
After declarant control ends, proxy voting is generally not allowed; in-person and absentee ballots must be offered, with email or fax permitted as additional delivery methods (A.R.S. §§ 33-1250, 33-1812).
Absentee ballots generally must state each proposed action, allow a for/against vote, give at least seven days to return, and be retained for at least one year for member inspection.
Secret-ballot handling — keeping the voter's identity separate via an outer envelope — may apply where the governing documents provide for it.
An amendment generally takes effect only when recorded with the county recorder where the property sits; Arizona has no state agency that pre-approves CC&R amendments.
Some changes can need more than the standard vote: condo amendments affecting unit boundaries, unit count, or allocated interests may require unanimous consent, and many declarations add mortgagee-consent clauses for material changes.
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