Overview
SB 1806 would set a process for approving declaration amendments for both condominium and planned community associations, as well as a standard approval threshold for any amendments. The process would require at least 60 days advance notice of any proposed amendments, including the text of the proposed amendment, as well as a meeting at which the members must vote on the proposed amendments. The threshold would be approval by a simple majority of those members voting on the proposed amendments. The changes made by SB 1806 would apply regardless of any other law.
Key Changes
- Amending A.R.S. 33-1227 and A.R.S. 33-1817 to provide that when at least 95% of the properties within a community have been sold to persons other than the declarant, that the declaration may be amended as follows:
- The board must call a meeting of the members or the members may call a meeting of the members;
- The board or the members must provide at least 60 days advance notice of the meeting and the possible amendments;
- The text of any proposed amendments must be made available to the members at least 60 days in advance of the meeting;
- Setting the threshold for approving amendments as approval by a majority of those voting on the amendments;
- Requiring the board to promptly record any approved amendments.
Legislative Timeline
- February 9, 2026 – Senate Second Reading
- February 5, 2026 – Introduced; Senate First Reading; Assigned to the Senate Government and Rules Committees
Impact
Overall, SB 1806 would establish a process by which condominium and planned community associations may amend their declarations and would lower the approval threshold for declaration amendments likely making it easier to amend declarations. While the changes made by SB 1806 would apply regardless of any other law, it is not clear whether SB 1806 would apply regardless of a declaration’s existing amendment requirements. As such, SB 1806 may not actually impact declaration amendments for those associations with stricter requirements currently existing in their declarations.