Overview
HB 2128 purports to restrict the ability of a community association’s board of directors to take action by unanimous written consent. This proposed change suggests that deliberation and action must occur transparently and in real time, rather than through emails, written consents, or informal agreements.
Key Changes
- Amending A.R.S. 10-3821, which authorizes boards of directors of nonprofit corporations to act by unanimous written consent without a board meeting, to provide that this statute does not apply to boards of directors of condominium associations and planned community associations that are also nonprofit corporations.
- Amending A.R.S. 33-1248 and A.R.S. 33-1804 to provide that condominium associations, planned community associations, and their boards of directors are not subject to A.R.S. 10-3821.
Legislative Timeline
- March 16, 2026 – Senate Second Reading
- March 11, 2026 – Senate First Reading; Assigned to Senate Government and Rules Committees
- March 5, 2026 – Passed the House with zero ‘no’ votes (with 10 not voting)
- March 4, 2026 – On the House COW Calendar, 1:15 p.m.; Passed out of COW
- March 2, 2026 – On the House COW Calendar, 1:30 p.m.; retained on calendar
- February 23, 2026 – On the agenda for the House Rules Committee, 1:00 p.m.; passed out of committee; added to the House Committee of the Whole (COW) Consent Calendar
- February 17, 2026 – On the agenda for the House Commerce Committee, 2:00 p.m.; unanimously passed out of committee as amended by the Carter amendment
- February 16, 2026 – Rep. Carter posted an amendment to be considered in committee that would make the effect of the bill’s changes only applicable after the end of the declarant control period
- January 14, 2026 – House Second Reading
- January 13, 2026 – Introduced; House First Reading; Assigned to House Commerce and Rules Committees
Impact
If enacted, community association boards or directors and managing agents may need to be more deliberate in scheduling meetings and structuring agendas, as they may no longer be able to handle time-sensitive or routine matters outside a meeting. Management’s role in ensuring compliance will increase, particularly with respect to notice, quorum management, committee activity, and avoiding serial communications. Notably, this bill does not address a community association’s express right to act by unanimous written consent as may be provided for in the association’s governing documents.