ARS 33-1813 Removal of Board Member

Arizona Revised Statute 33-1813.

Removal of board member; special meeting

A. Notwithstanding any provision of the declaration or bylaws to the contrary, the members, by a majority vote of members entitled to vote and voting on the matter at a meeting of the members called pursuant to this section at which a quorum is present, may remove any member of the board of directors with or without cause, other than a member appointed by the declarant. For purposes of calling for removal of a member of the board of directors, other than a member appointed by the declarant, the following apply:

1. In an association with one thousand or fewer members, on receipt of a petition that calls for removal of a member of the board of directors and that is signed by the number of persons who are entitled to cast at least twenty-five per cent of the votes in the association or one hundred votes in the association, whichever is less, the board shall call and provide written notice of a special meeting of the association as prescribed by section 33-1804, subsection B.

2. Notwithstanding section 33-1804, subsection B, in an association with more than one thousand members, on receipt of a petition that calls for removal of a member of the board of directors and that is signed by the number of persons who are entitled to cast at least ten per cent of the votes in the association or one thousand votes in the association, whichever is less, the board shall call and provide written notice of a special meeting of the association. The board shall provide written notice of a special meeting as prescribed by section 33-1804, subsection B.

3. The special meeting shall be called, noticed and held within thirty days after receipt of the petition.

4. For purposes of a special meeting called pursuant to this subsection, a quorum is present if the number of owners to whom at least twenty per cent of the votes or one thousand votes, whichever is less, are allocated is present at the meeting in person or as otherwise permitted by law.

5. If a civil action is filed regarding the removal of a board member, the prevailing party in the civil action shall be awarded its reasonable attorney fees and costs.

6. The board of directors shall retain all documents and other records relating to the proposed removal of the member of the board of directors for at least one year after the date of the special meeting and shall permit members to inspect those documents and records pursuant to section 33-1805.

7. A petition that calls for the removal of the same member of the board of directors shall not be submitted more than once during each term of office for that member.

B. For an association in which board members are elected from separately designated voting districts, a member of the board of directors, other than a member appointed by the declarant, may be removed only by a vote of the members from that voting district, and only the members from that voting district are eligible to vote on the matter or be counted for purposes of determining a quorum.

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  12. Ron Norfleet says:

    Can I assume ARS 33-1813 also applies to the removal of all board members as well?

  13. rlcorny@aol.com says:

    If a “submitted” recall petition is considered null and void for not having the required number of signatures and is not acted upon can a second petition be filed at a later date and an election to remove the board member proceed? Rule 7 says that more than one petition can not be submitted during the elected directors term. This hardly seems lawful or logical. If so, any director could “submit” a bogus petition anytime after taking office knowing that they could not be recalled during their term. Our HOA has this exact same situation at the moment, meaning that it is not possible to remove her.

    • admin says:

      Thanks for your comments on HOA perspectives. I am not an attorney but let me give you my understanding of the issue that I believe to be factually correct.
      • Rule 7 of Civil Procedure applies only to pleadings and motions when there is a lawsuit.
      • In Arizona, ARS 33-1813, Removal of a board member: special meeting governs whether or not a lawsuit is filed.. A petition could be rejected if the required number of petitioners does not sign. If a petition is rejected on that basis, I believe a second petition with the required number of signatures could be filed.
      • However, only one (valid) petition can be filed during a director or directors’ term of office.
      • That said and in our case, a rogue HOA attorney will allege fraud on any petition to stop it from moving forward. Alleged fraud would probably require submitting signed affidavits to stand up in court. If a director submitted a “bogus” petition, that person would have to go through a recall election and might lose.

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  21. Donna says:

    There should be a provision that eliminates board members being removed from being involved in the process.

  22. John Sanderson says:

    Our small but growing group of home owners successfully petitioned to have 5 BOD members recalled in mid 2016. The rogues were recalled. However, the HOA laws at the time allowed these thieves and posers to place their names back on the ballots in the interim BOD election to replace these very same people! This “let’s go it again” loophole has since been closed, but the damage has been done in so many ways. Two steps forward, one step back… sometime tough to accept, but all part of the process.

    Our lesson learned… would be to Trust But Verify. In the HOA world, this translates to Do Not Trust, But Do Verify. When the opportunity to question BOD actions presents itself, ask away. When the BOD ignores us or marginalizes our efforts, we do not accept their behavior as the end game. We hold fast. We voice OUR concerns. Document THEIR responses word for word. There will come a day when all our notes and all our efforts will make a difference. Maybe not today. Maybe in a way that we do not foresee nor completely understand at the moment. But that day will come; and when that day of reckoning does arrive, we must be ready to play the role of warrior.

    Are we ready to step into that new role of defender and fighter, with purpose and strength and intelligence? Ready to show ourselves and others that our voices- and that of our neighbors- will not be muffled, that our vote- and that of our neighbors- will be fairly counted and applied.

    The alternative to this way of life? We know it to be the “damned silence of the governed.” It is very hard to believe that any of us volunteer (or want) to be ruled by crooks and bullies. Yet those professional criminals only remain in charge when good people do nothing. So what if these creeps are part of the landscape? They are like weeds. Their value is only temporary, unless we make no effort to properly challenge their actions, or remove them when necessary.

    This HOA-style of group home ownership is here to stay- it certainly appears so, based upon the increasing pace of new and redeveloped home subdivisions defined as HOAs- and each of us has a role to play in the ongoing saga of “As the HOA Turns.” What role do we choose to play? Silent and passive, willing to accept the leftovers after others fight our battles for us… or vocal and engaged, which means that we watch and learn, then speak and lead?

    We each make that call every day, don’t we? We can run. We can sell out and move away, maybe. But even if that was possible- and for many, running away is not a viable option- that kind of turning away is no way for any human being to live. If we need help, we must be willing to ask for help, sometimes from a semi-trusted source. If we do not need help for ourselves, then we must ask how we can help others who are challenged… and need assistance with HOA issues.

    Remember this most basic HOA law that legislators cannot write upon or write over: He or she who is first to call out the wrongs… gains attention, and quite possibly the wrath of sworn enemies. But he or she who continues to call out, loudest and longest…gains respect, then like-minded friends, then momentum, then votes, then keys to the HOA kingdom.

    Upon close inspection, HOA life has many flaws and imperfections. Upon even closer inspection, HOA life is filled with opportunities and challenges. What kind of HOA day do you choose to have?

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