Rules For Condo Board Members In Arizona
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In Arizona, there is no state law that specifically limits the number of years or terms an HOA president can serve.
Term Limits Texas allows for the first board to serve until the first annual election, with all subsequent members serving until the next annual election. In Arizona, board members may only serve for one year unless otherwise stated by the association's governing documents.
In Arizona, board members may only serve for one year. Florida law allows for officers to serve for eight consecutive years.
A quorum of the board should not be using email to discuss or make decisions on association business, and the use of unanimous consent in lieu of board meeting is potentially subject to legal challenge.
The members of the association who are eligible to vote at the time of the meeting 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 at a meeting of the members.
The Supreme Court held that an HOA may not rely on a general amendment power provision in its covenants, conditions, and restrictions to place restrictions on landowners' use of their land only as to those restrictions for which the HOA's original declaration has provided sufficient notice.
HOA and condo board members should know that they are not entirely immune from personal liability. If the court finds that a board member engaged in fraudulent or malicious behaviors, they will be held accountable for their actions.
Lien Process Limitations: In Arizona, an HOA cannot foreclose on a home solely for unpaid fines (Arizona Revised Statutes 33-1807). While unpaid fines can lead to legal action or liens on the property, foreclosure is only permitted for unpaid assessments (like maintenance fees or dues), not fines alone.
Family Ties. Depending on the state you live in, family members might not be allowed to serve on a board together. States like Florida have a blanket rule against spouses serving on a board together, while Arizona permits partners to serve together – unless otherwise stated in the association's governing documents.
The ARS grants the board specific powers such as the ability to foreclose on a house for unpaid liens and establish rules concerning the exterior appearance of homes and other community-related restrictions. HOAs in Arizona are also bound by rules set forth in their own governing documents.
