On March 30, 2022, Governor Ducey signed HB2275: CONDOMINIUM TERMINATION; UNIT OWNERS; HOAs into law which amends the Condominium Act. This new law applies only to condominiums and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.’s easy to understand explanation of the new law. Please contact Mulcahy Law Firm, P.C. with questions related to this new law.
AMENDING SECTIONS 33-1227 AND 33-1228, ARIZONA REVISED STATUTES; REPEALING LAWS 2021, CHAPTER 405, SECTION 51; RELATING TO TERMINATION OF CONDOMINIUMS.
CONDOMINIUM TERMINATION; UNIT OWNERS
Except in cases of amendments that may be executed by a declarant under section 33-1220, by the association under section 33-1206 or section 33-1216, subsection D, or by certain unit owners under section 33-1218, subsection B, section 33-1222, section 33-1223 or section 33-1228, subsection D, and except to the extent allowed or required by other provisions of this chapter, the declaration, including the plat, may be amended only by a vote of the unit owners to which at least sixty-seven (67) percent of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use. The declaration may also provide that the consent of the declarant is required to an amendment during any period of declarant control pursuant to section 33-1243. Within thirty (30) days after the adoption of any amendment pursuant to this subsection, the association shall prepare, execute and record a written instrument setting forth the amendment.
Except as provided in subsection B of this section, a condominium may be terminated only by agreement of unit owners of units to which at least eighty percent (80) of the votes in the association are allocated, or any larger percentage the declaration specifies, except:
- In the case of a taking of all the units by eminent domain; or
- If the declaration specifies a smaller percentage, but only if all of the units in the condominium are restricted exclusively to nonresidential uses.
A condominium created on or after the effective date of this amendment to this section may be terminated only by agreement of unit owners to which 95% of the votes in the association are allocated. Or any larger percentage the declaration specifies.