Question:
Does it require a vote of the neighborhood to change ARC requirements?
Our bylaws appear to state that the Board or ARC Review Committee can make changes with their own vote. Also, looking at the ARS statute
33-1817. Declaration amendment; design, architectural committees; review
A. Except during the period of declarant control, or if during the period of declarant control with the written consent of the declarant in each instance, the following apply to an amendment to a declaration:
1. The declaration may be amended by the association, if any, or, if there is no association or board, the owners of the property that is subject to the declaration, by an affirmative vote or written consent of the number of owners or eligible voters specified in the declaration, including the assent of any individuals or entities that are specified in the declaration.
I am interpreting this to mean the the ARC guidelines (declaration) can be amended by the association/board by a vote or written consent of the number of owners or eligible voters specified in the declaration. so because the ARC applies to all homeowners, then all homeowners would have to vote?
We do not have great participation in the community.
– Victoria
Answer:
Hi Victoria,
Amendments to the declaration do require a vote from the membership according to Arizona law. Review your bylaws again to confirm whether or not the board vote refers to amendments to the declaration or to the bylaws or some other rule. The bylaws and the declaration (CC&Rs) are not the same.
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