Overview
A proposal to amend A.R.S. §§ 33-1248, 33-1250, 33-1804 and 33-1812 to modify the ballot and meeting requirements, specifically allowing virtual meetings, electronic voting, voting by written ballot (without a meeting), clarifying that a written consent process is not prohibited, and setting quorum for the annual membership meeting as one-tenth of the total number of votes entitled to be cast, unless the governing documents specify a lesser amount.
Key Changes
Proposed Amendment (Inactive)
- Virtual Meetings: Authorizes associations to conduct virtual membership meetings
- Electronic Voting: Explicitly permits electronic voting methods
- Written Ballot Voting: Allows voting by written ballot without holding a meeting
- Written Consent Process: Clarifies that written consent processes are not prohibited
- Quorum Requirements: Sets quorum for annual membership meetings at one-tenth (10%) of total votes entitled to be cast, unless governing documents specify a lesser amount
Legislative Timeline
- January 22, 2025: House Second Read
- January 21, 2025: House First Read; Assigned to House Committee on Government and House Committee on Rules
Impact
If passed, this legislation would provide planned communities and condominiums with greater flexibility in conducting membership meetings and elections. The explicit authorization of virtual meetings and electronic voting would reduce logistical barriers and potentially increase member participation, particularly in larger communities or those with many absentee owners. The reduced quorum requirement from typical thresholds to 10% would make it easier for associations to achieve quorum for annual meetings, reducing the need for continued meetings due to lack of attendance.
The clarification on written consent and written ballot processes would give associations additional tools for conducting association business efficiently without requiring physical gatherings. Communities would need to update their bylaws and meeting procedures to implement these new methods while ensuring proper notice and security for electronic voting systems.