HOA voting; elections; ballot measures

SB1438 - 572R - I Ver

CORRECTED�� Jan 26 2026

REFERENCE TITLE:
HOA voting; elections; ballot measures

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1438

Introduced by

Senators
Kavanagh: Rogers

AN
ACT

amending sections 33-1250 and 33-1812,
Arizona Revised Statutes; relating to condominiums and planned communities.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 33-1250, Arizona Revised
Statutes, is amended to read:

START_STATUTE
33-1250.

Voting; proxies; absentee ballots; applicability; definitions

A. If only one of the multiple owners of a unit is
present at a meeting of the association, the owner is entitled to cast all the
votes allocated to that unit.� If more than one of the multiple owners are
present, the votes allocated to that unit may be cast only in accordance with
the agreement of a majority in interest of the multiple owners unless the
declaration expressly provides otherwise.� There is majority agreement if any
one of the multiple owners casts the votes allocated to that unit without protest
being made promptly to the person presiding over the meeting by any of the
other owners of the unit.

B. During the period of declarant control, votes
allocated to a unit may be cast pursuant to a proxy duly executed by a unit
owner.� If a unit is owned by more than one person, each owner of the unit may
vote or register protest to the casting of votes by the other owners of the
unit through a duly executed proxy.� A unit owner may not revoke a proxy given
pursuant to this section except by actual notice of revocation to the person
presiding over a meeting of the association.� A proxy is void if it is not dated
or purports to be revocable without notice. The proxy is revoked on
presentation of a later dated proxy executed by the same unit owner.� A proxy
terminates one year after its date, unless it specifies a shorter term or
unless it states that it is coupled with an interest and is irrevocable.

C. Notwithstanding any provision in the condominium
documents, after termination of the period of declarant control, votes
allocated to a unit may not be cast pursuant to a proxy
or
delegate
.� The association shall provide for votes to be cast in person
and by absentee ballot
and,

at a duly
noticed annual or special meeting of the unit owners pursuant to section
33-1248.�
In addition, the association may provide for voting by some
other form of delivery,
including the use of e-mail and fax
delivery
pursuant to section 10-3704 or 10-3708,
including an electronic or online voting system for a ballot measure without a
meeting or in place of absentee ballots, subject to this section
.�
Absentee ballots may be transmitted and returned in a paper format by
hand, United States mail or electronically by email, fax or through an
encrypted secure electronic or online voting system.� If the association
chooses to use an electronic or online voting system, the association shall
also inform and make available to any unit owner the option to request and use
a paper absentee ballot if desired.

D.
Notwithstanding
section 10-3708 or the provisions of

title
10 or
the condominium documents, any action taken at an annual
, regular
or special meeting of the
members
unit owners or on a ballot measure without a meeting
shall
comply with all of the following
if absentee ballots or ballots
provided by some other form of delivery are used
:

1. The condominium documents may
establish the eligibility of a unit owner to vote or sign a petition but may
not be more restrictive than:

(
a
) Requiring
the person to be a unit owner of record or if a unit is owned by an entity, the
designated authorized voter for the unit.� The association shall maintain a
current list of owners of record and the authorized voters for each unit in the
condominium as a record of the association.

(
b
) Requiring
the unit owner to be current in the payment of any common expense assessments.

(
c
) Requiring
that only one ballot or petition signature may be counted from any individual
unit.

1.

2.
The
ballot shall set forth each proposed action.

2.

3.
The
ballot shall provide an opportunity to vote for or against each proposed
action.

4. The ballot to elect board
positions must identify the number and terms of board positions to be filled
and the names of all eligible candidates who properly submitted nomination
requests for the positions.� The condominium documents may establish
eligibility and nomination requirements for a unit owner or authorized voter to
run for office that are objective and independent of any direct or indirect
influence of the current board of directors, individual board members,
community manager or a board appointed committee.� The association shall
provide each eligible voter with the opportunity to vote for the number of
individual board candidates based on the number of open seats to be filled.

3.

5.
The
ballot is valid for only one specified election or
meeting of the
members
ballot measure
and expires automatically
after the completion of the election or
meeting
ballot measure
.

4.

6.
The
ballot
specifies

initiative or meeting
notice must specify the physical location within the condominium where ballots
may be hand delivered, the mailing address, the email address and the fax
number where ballots may be sent or a secure electronic or online voting program
pursuant to section 10-3708 and
the time and date by which the ballot
must be
delivered to

received by
the
board of directors in order to be counted, which shall be at least
seven
ten calendar
days after the date
that the board delivers the unvoted ballot to the
member
unit owner
.
� if the ballot is sent by the
United States postal service, the ballot is considered delivered two CALENDAR
days after the postmark date.

5.

7.
The

ballot does

association may
not
authorize another person to cast votes on behalf of the
member
unit owner or authorized voter
.

6.

8.
The
completed
absentee
ballot
or other form of
delivery
shall
contain
be
accompanied by either a separate paper or digitally linked identification form
that lists the date,
the name, the
address

unit number
and either the actual or
secure
electronic
signature of the person voting
, except that if the condominium
documents permit secret ballots, only

or
the
envelope
containing the completed absentee ballot
shall
contain
list

the date,
the
name, the
address
unit number
and
either
the
actual or electronic
signature
of the voter.
The association, the managing agent or
any individual unit owner may not provide pre-voted ballots for other unit
owners to submit.� Once submitted, a ballot, irrespective of format, may not be
voided, resubmitted or changed.

9. Unless the condominium documents
or this chapter require the affirmative vote of a larger majority of all unit
owners voting on a ballot measure, a simple majority of all votes cast shall
decide the ballot measure.

7.

10. All
completed
ballots,
voter identification forms, written
consents, signed
envelopes
or for electronic or online
voting systems the metadata for those ballots in report and migratable data
format
and
any other
related materials, including
sign-in sheets if used, shall be retained in
legible and
unedited
electronic or paper format and made available
on
written request
for unit owner inspection
within three
business days after the request
for at least
one year
six months
after completion of the election.
�
If the association invalidates any ballot received, the association shall mark
that ballot and the associated voter identification document as invalid and
retain those documents separate from the valid ballots.

11. Within forty-eight hours after
the completion of any board election or ballot measure, the association shall
post or communicate the results and vote tallies to all unit owners.� The
names, term end year and official contact information of all board members must
be either posted or made available to any unit owner on request.

D.

E.
Votes
cast by absentee ballot or other form of delivery
, including
the use of e-mail and fax delivery,
are valid for the purpose of
establishing a quorum.

F. the association's board of
directors shall ensure the integrity of the ballot process and ensure that any
election or ballot measure is conducted pursuant to this section.� The board of
directors shall apply reasonable oversight over the delivery, receipt, handling
and counting of ballots deemed necessary to ensure the integrity of the ballot
process.� A unit owner's challenge of the validity of any election or ballot
measure must be in writing and must be sent by certified mail within thirty
days after the election or ballot measure.� After a unit owner's challenge
pursuant to this subsection, if the board of directors is presented with
credible evidence of a substantive violation of this section, the board of
directors shall invalidate the election or ballot measure and require that the
election or ballot measure be repeated in compliance with this section.� If
the� board of directors refuses to invalidate the election or ballot measure or
if the challenge period has expired, a unit owner may pursue in a court of
competent jurisdiction any remedy at law or in equity against the board of
directors for a substantive violation and breach of duty.

E.

G.
Notwithstanding
subsection C of this section, an association for a timeshare plan as defined in
section 32-2197 may
permit

allow
votes
by a proxy that is duly executed by a unit owner.

F.

H.
If
the declaration requires that votes on specified matters affecting the
condominium be cast by lessees rather than unit owners of leased units all of
the following apply:

1.
The provisions of

Subsections A and B of this section apply to lessees as if they were unit
owners.

2. Unit owners who have leased their units to other
persons shall not cast votes on those specified matters.

3. Lessees are entitled to notice of meetings,
access to records and other rights respecting those matters as if they were
unit owners.� Unit owners shall also be given notice, in the manner prescribed
in section 33-1248, of all meetings at which lessees may be entitled to
vote.

G.

I.
Unless
the declaration provides otherwise, votes allocated to a unit owned by the
association shall not be cast.

H.

J.
This
section does not apply to timeshare plans or associations that are subject to
chapter 20 of this title.

I.

K.
For
the purposes of this section
:
,

1. "Delegate" means an
individual established under the condominium documents to cast votes on the
unit owner's behalf without the specific authorization of the unit owner.

2. "Metadata":

(
a
) Includes
the date and time that the ballot is electronically submitted, the unique
identifier used by the association to validate the authenticity of the voter,
the electronic signature, the unit number for the ballot and the internet
protocol address from which the ballot is submitted and any standard reporting
options for the software program.

(
b
) does not
include the actual votes cast on the ballot.

3.
"Period of declarant
control" means the time during which the declarant or persons designated
by the declarant may elect or appoint the members of the board of directors
pursuant to the condominium documents or
by virtue of superior
voting power
as established in section 33-1243
.

4. "secure electronic
signature" means a secure electronic signature as prescribed in section
44-7031.

5. "SUBSTANTIVE VIOLATION"
MEANS ANY OF THE FOLLOWING:

(
a
) IMPROPERLY
DENying ELIGIBILITY OR OPPORTUNITY TO VOTE PURSUANT TO SUBSECTION D, paragraph
1 of this section TO A NUMBER OF UNIT OWNERS GREATER THAN THE SMALLEST MARGIN
OF VICTORY BETWEEN ANY WINNING AND LOSING CANDIDATE OR BALLOT MEASURE.

(
b
) IMPROPERLY
DENying ANY ELIGIBLE CANDIDATE FROM BEING LISTED ON THE BALLOT PURSUANT TO
SUBSECTION D, paragraph 4 OF THIS SECTION.

(
c
) Improperly
allowing ONE OR MORE BALLOTS to be SUBMITTED BY ANYONE OTHER THAN THE ELIGIBLE
VOTER FOR THe UNIT OR to be ALTERED OR DELETED BY ANYONE AND NOT CORRECTing it
before TABULATION.

(
d
) FAILing TO
COMPLY WITH THE REQUIREMENTS OF either OF THE FOLLOWING:

(
i
) sUBSECTION
C OF THIS SECTION.

(
ii
) SUBSECTION
D PARAGRAPH 3, 6, 7, 8 OR 10 OF THIS SECTION.

END_STATUTE

Sec. 2. Section 33-1812, Arizona Revised
Statutes, is amended to read:

START_STATUTE
33-1812.

Proxies; voting; absentee ballots; definitions

A. Notwithstanding any provision in the community
documents, after termination of the period of declarant control, votes
allocated to a unit may not be cast pursuant to a proxy
or
delegate
.� The association shall provide for votes to be cast in person
and by absentee ballot
and,
at a duly
noticed annual or special meeting of the members pursuant to section 33-1804.
�
In addition, the association may provide for voting by some other form of
delivery
, including the use of e-mail and fax delivery
pursuant to section 10-3704 or 10-3708, including an electronic or
online voting system for a ballot measure without a meeting or in place of
absentee ballots, subject to this section
.�
Absentee
ballots may be transmitted and returned in a paper format by hand, United
States mail or electronically by email, fax or through an encrypted secure
electronic or online voting system.� If the association chooses to use an
electronic or online voting system, the association shall also inform and make
available to any member the option to request and use a paper absentee ballot
if desired.

B.
Notwithstanding
section 10-3708 or the provisions of
title
10 or
the community documents, any action taken at an annual
, regular
or special meeting of the members
or on
a ballot measure without a meeting
shall comply with all of the
following
if absentee ballots or ballots provided by some other
form of delivery are used
:

1. The community documents may
establish the eligibility of a member to vote or sign a petition but may not be
more restrictive than:

(
a
) Requiring
the person to be a member of record or if a property is owned by an entity, the
designated authorized voter for the property.� The association shall maintain a
current list of owners of record and the authorized voters for each property in
the community as a record of the association.

(
b
) Requiring
the member to be current in the payment of any common expense assessments.

(
c
) Requiring
that only one ballot or petition signature may be counted from any individual
property.

1.

2.
The
ballot shall set forth each proposed action.

2.

3.
The
ballot shall provide an opportunity to vote for or against each proposed
action.

4. The ballot to elect board
positions must identify the number and terms of board positions to be filled
and the names of all eligible candidates who properly submitted nomination
requests for the positions.� The community documents may establish eligibility
and nomination requirements for a member or authorized voter to run for office
that are objective and independent of any direct or indirect influence of the
current board of directors, individual board members, community manager or a
board appointed committee.� The association shall provide each eligible voter
with the opportunity to vote for the number of individual board candidates
based on the number of open seats to be filled.

3.

5.
The
ballot is valid for only one specified election or
meeting of the
members
ballot measure
and expires automatically
after the completion of the election or
meeting
ballot measure
.

4.

6.
The
ballot
specifies

initiative or meeting
notice must specify the physical location within the planned community where
ballots may be hand delivered, the mailing address, the email address and the
fax number where ballots may be sent or a secure electronic or online voting program
pursuant to section 10-3708, and
the time and date by which the ballot
must be
delivered to

received by
the
board of directors in order to be counted, which shall be at least
seven
ten calendar
days after the date
that the board delivers the unvoted ballot to the member.
� if
the ballot is sent by the United States postal service, the ballot is
considered delivered two CALENDAR days after the postmark date.

5.

7.
The

ballot does
association may
not
authorize another person to cast votes on behalf of the member
or
authorized voter
.

6.

8.
The
completed
absentee
ballot
or other form of
delivery
shall
contain
be
accompanied by either a separate paper or digitally linked identification form
that lists
the
date,
name, address and
either the secure electronic signature or actual
signature of
the person voting
, except that if the community documents
permit secret ballots, only
or
the envelope
containing the completed absentee ballot
shall
contain
list
the
date,
name, address and
signature of the voter.
� The association, the managing agent or
any individual member may not provide pre-voted ballots for other members to
submit.� Once submitted, a ballot, irrespective of format, may not be voided,
resubmitted or changed.

9. Unless the community documents or
this chapter require the affirmative vote of a larger majority of all members
voting on a ballot measure, a simple majority of all votes cast shall decide
the ballot measure.

7.

10. All
completed
ballots,
voter identification forms, written
consents, signed
envelopes
or for electronic or online
voting systems the metadata for those ballots in report and migratable data
format
and
any other
related materials, including
sign-in sheets if used, shall be retained in
legible and
unedited
electronic or paper format and made available
on
written request
for member inspection
within three
business days after the request
for at least
one year

six months
after completion of the election.
� If the association invalidates any ballot received, the association
shall mark that ballot and the associated voter identification document as
invalid and retain those documents separate from the valid ballots.

11. Within forty-eight hours after
the completion of any board election or ballot measure, the association shall
post or communicate the results and vote tallies to all members.� The names,
term end year and official contact information of all board members must be
either posted or made available to any member on request.

B.

C.
Votes
cast by absentee ballot or other form of delivery
, including
the use of e-mail and fax delivery,
are valid for the purpose of
establishing a quorum.

D. the association's board of
directors shall ensure the integrity of the ballot process and ensure that any
election or ballot measure is conducted pursuant to this section.� The board of
directors shall apply reasonable oversight over the delivery, receipt, handling
and counting of ballots deemed necessary to ensure the integrity of the ballot
process.� A member's challenge of the validity of any election or ballot
measure must be in writing and must be sent by certified mail within thirty days
after the election or ballot measure.� After a member's challenge pursuant to
this subsection, if the board of directors is presented with credible evidence
of a substantive violation of this section, the board of directors shall
invalidate the election or ballot measure and require that the election or
ballot measure be repeated in compliance with this section.� If the board of
directors refuses to invalidate the election or ballot measure or if the
challenge period has expired, a member may pursue in a court of competent
jurisdiction any remedy at law or in equity against the board of directors for
a substantive violation and breach of duty.

C.

E.
Notwithstanding
subsection A of this section, an association for a timeshare plan as defined in
section 32-2197 may
permit
allow

votes by a proxy that is duly executed by a unit owner.

D.

F.
For
the purposes of this section
:
,

1. "Delegate" means an
individual established under the community documents to cast votes on the
member's behalf without the specific authorization of the member.

2. "Metadata":

(
a
) Includes
the date and time that the ballot is electronically submitted, the unique
identifier used by the association to validate the authenticity of the voter,
the electronic signature, the lot number or address for the ballot and the
internet protocol address from which the ballot is submitted and any standard
reporting options for the software program.

(
b
) does not
include the actual votes cast on the ballot.

3.
"Period of declarant
control" means the time during which the declarant or persons designated
by the declarant may elect or appoint the members of the board of directors
pursuant to the community documents or
by virtue of superior
voting power
as established by section 33-1820
.

4. "secure electronic
signature" MEANS a secure electronic signature as prescribed in section
44-7031.

5. "SUBSTANTIVE VIOLATION"
MEANS ANY OF THE FOLLOWING:

(
a
) IMPROPERLY
DENying ELIGIBILITY OR OPPORTUNITY TO VOTE PURSUANT TO SUBSECTION B, paragraph
1 of this section TO A NUMBER OF members GREATER THAN THE SMALLEST MARGIN OF
VICTORY BETWEEN ANY WINNING AND LOSING CANDIDATE OR BALLOT MEASURE.

(
b
) IMPROPERLY
DENying ANY ELIGIBLE CANDIDATE FROM BEING LISTED ON THE BALLOT PURSUANT TO
SUBSECTION B, paragraph 4 OF THIS SECTION.

(
c
) Improperly
allowing ONE OR MORE BALLOTS to be SUBMITTED BY ANYONE OTHER THAN THE ELIGIBLE
VOTER FOR THe property OR to be ALTERED OR DELETED BY ANYONE AND NOT CORRECTing
it before TABULATION.

(
d
) FAILing TO
COMPLY WITH THE REQUIREMENTS OF either OF THE FOLLOWING:

(
i
) sUBSECTION
C OF THIS SECTION.

(
ii
) SUBSECTION
B PARAGRAPH 3, 6, 7, 8 OR 10 OF THIS SECTION.
END_STATUTE