Question

What is the deadline for an HOA to hold a special meeting after receiving a petition to recall board members?

Short Answer

The meeting must be held within 30 days of receiving the petition.

Detailed Answer

According to Arizona statute, once an HOA receives a petition for the removal of a board member, it is legally required to call, notice, and actually hold the special meeting within a 30-day timeframe.

Alj Quote

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

Legal Basis

ARIZ. REV. STAT. § 33-1243(H)(4)(c)

Topic Tags

• recall election
• deadlines
• board removal

Question

Can an HOA count ballots collected for a specific meeting date at a later, rescheduled meeting?

Short Answer

No, ballots are only valid for the specific meeting they were issued for.

Detailed Answer

An HOA cannot use ballots collected for a canceled meeting at a subsequent meeting held on a different date. The decision clarified that counting such ballots violates the statute because the ballots are strictly limited to the meeting for which they were originally valid.

Alj Quote

The Association’s decision to count the ballots at the August 19th meeting does not comply with section 33-1243 because those ballots were valid only for the June 30th meeting as evidenced by the ballots, the Notice, and the voting instructions.

Legal Basis

ARIZ. REV. STAT. § 33-1250(C)(3)

Topic Tags

• voting
• ballots
• meetings

Question

Can an Administrative Law Judge (ALJ) void an HOA election or remove board members?

Short Answer

No, the ALJ does not have the authority to void election results or appoint administrators.

Detailed Answer

While an ALJ can determine if a violation occurred and levy penalties, they cannot order an election to be voided or appoint an independent administrator to oversee the HOA. These remedies are outside the tribunal's statutory scope.

Alj Quote

Mr. Iannuzo’s requests that the tribunal void the election results and that an oversight administrator be appointed have not been shown to be within the scope of the tribunal’s authority.

Legal Basis

ARIZ. REV. STAT. § 32-2199.02(A)

Topic Tags

• legal remedies
• ALJ authority
• elections

Question

Is an HOA allowed to determine a quorum based solely on mail-in ballots before the meeting starts?

Short Answer

Likely no; the quorum should be determined based on eligible voters present at the time of the meeting.

Detailed Answer

The ALJ noted that the statute calls for a quorum to be determined based on the number of eligible voters at the time of the meeting, implying that canceling a meeting beforehand based solely on returned ballots is not supported by persuasive legal argument.

Alj Quote

The Association presented no persuasive legal argument or authority showing that in determining whether a quorum existed it was appropriate for the Association to use only the ballots returned by June 29th, rather than using the ballots and the members present at the meeting on June 30th.

Legal Basis

ARIZ. REV. STAT. § 33-1243(H)(4)(d)

Topic Tags

• quorum
• meetings
• voting

Question

If I win my case against the HOA, can I get my filing fee refunded?

Short Answer

Yes, if the homeowner prevails, the HOA must be ordered to pay the filing fee.

Detailed Answer

If the Administrative Law Judge determines that the homeowner has prevailed in proving a violation, the law mandates that the Judge order the HOA to reimburse the petitioner for the filing fee.

Alj Quote

If the petitioner prevails, the administrative law judge shall order the respondent to pay to the petitioner the filing fee required by section 32-2199.01.

Legal Basis

ARIZ. REV. STAT. § 32-2199.02(A)

Topic Tags

• fees
• penalties
• reimbursement

Question

Can an HOA fix a violation for missing the 30-day recall meeting deadline by holding the meeting later?

Short Answer

No, this specific violation cannot be cured after the fact.

Detailed Answer

Once the 30-day window for holding a recall meeting has passed, the violation is established and cannot be retroactively fixed by holding the meeting late.

Alj Quote

And although the Association did not conduct the required meeting within 30 days of receiving the recall petitions, this violation cannot be cured.

Legal Basis

ARIZ. REV. STAT. § 33-1243

Topic Tags

• violations
• compliance
• deadlines