ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

 

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note


HB 2128: homeowners' associations; condominiums; actions; meetings

Sponsor: Representative Carter N, LD 15

Committee on Commerce

Overview

Removes the authority of a condominium or planned community association to take action without a meeting.

History

A condominium or planned community association (HOA) is formed and organized under governing documents which include a declaration, bylaws and articles of incorporation, if any. An HOA is responsible for managing, maintaining and improving community property. Members of the association elect a board of directors who are given general management powers to act on behalf of the association. Statute dictates a condominium and a planned community association be organized as either a profit, nonprofit corporation or as an unincorporated association (Title 33, Chapters 9 & 16, A.R.S.).

Statute authorizes the board of directors of a nonprofit corporation to take action without a meeting if the action is taken by all of the directors. The action must be evidenced by one or more written consents describing the action taken, signed by each director and included in the minutes filed with the corporate records reflecting the action taken (A.R.S. § 10-3821).

Provisions

1.   Exempts a condominium unit owners' association and a planned community members' association from statutory authority to take action without a meeting. (Sec. 1)

2.   Makes a technical change. (Sec. 1)

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6.   Initials PB/AI                  HB 2128

7.   2/13/2026  Page 0 Commerce

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