Overview
HB 2353 introduces explicit prohibitions on cumulative voting for both condominium associations and planned community associations by adding new subsections to A.R.S. 33-1250 and A.R.S. 33-1812. The newly added text in both sections states that associations may not permit members to cumulate their votes by multiplying the number of votes they are entitled to cast, by the number of directors for whom they may vote, and casting the resulting product for a single candidate or distributing it among two or more candidates, i.e., cumulative voting is prohibited. This prohibition is stated as overriding any provisions to the contrary in either the relevant governing documents or Arizona’s nonprofit corporation statutes. However, the additions clarify that this does not preclude someone owning more than one unit or property from casting a ballot for each unit or property owned.
Key Changes
- Amending A.R.S. 33-1250 and A.R.S. 33-1812 to prohibit community associations from using a voting process whereby owners cumulate their votes by multiplying the number of votes that are entitled to cast by the number of directors for whom they are entitled to vote and may then cast the product for a single candidate or distribute the product among one or more candidates.
Legislative Timeline
- January 21, 2026 – House Second Reading
- January 20, 2026 – Introduced; House First Reading; Assigned to House Government and Rules Committees
Impact
The overall effect is the elimination of cumulative voting as a method in association board elections, promoting a “one vote per position, per property” system and overriding conflicting rules in both community documents and certain Arizona statutes.