HB 2700: condominiums; planned communities; amendments

S/E: condominiums; amendments; planned communities

Sponsor: Representative Carter, LD 8

Committee on Commerce

Summary of the Strike-Everything Amendment to HB 2700

Overview

Specifies requirements for amending the declaration or bylaws of a condominium and planned community.

History

Pursuant to A.R.S.   33-1227, a condominium declaration may be amended only by a vote of at least 67% of unit owners, unless the declaration specifies a larger majority.   The declaration may specify a smaller percentage only if all the units are restricted exclusively to nonresidential use.

Provisions

1.   Allows condominium bylaws to be amendable. (Sec. 1)

2.   Clarifies a condominium's declaration and bylaws maybe amended by any smaller percentage, rather than any larger majority, as the declaration specifies. (Sec. 1)

3.   Allows, with the approval of at least 50% of condominium unit owners, a condominium's declaration and bylaws to be modified by an amendment that:

a)   Changes parking restrictions for the condominium;

b)   Changes provisions relating to external aesthetic changes; or

c)   Makes an administrative change to the organizational or operational provisions. (Sec. 1)

4.   Allows planned community bylaws to be amendable. (Sec. 2)

5.   Requires the consent of 67% of owners or eligible voters to amend a planned community's declaration or bylaws. (Sec. 2)

6.   Permits a planned community's declaration or bylaws to be amended by any smaller percentage that the declaration specifies. (Sec. 2)

7.   Allows, with the approval of at least 50% of a planned community's membership, a planned community's declaration and bylaws to be modified by an amendment that:

a)   Changes parking restrictions for the planned community;

b)   Changes provisions relating to external aesthetic changes; or

c)   Makes an administrative change to the organizational or operational provisions. (Sec. 1)

8.   Makes technical and conforming changes. (Sec. 1, 2)

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                                              HB 2700

Initials PRB         Page 0 Commerce

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