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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 1718
Experience:  Practicing Attorney with 10 years experience
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In an Arizona HOA consisting of only condominiums, is the

Customer Question

In an Arizona HOA consisting of only condominiums, is the declarant (developer) allowed to amend the CC&Rs without a vote of the members already owning condominiums in the community?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Arizona
JA: Has any paperwork been filed?
Customer: The HOA is about six years old, but the developer wants to waive one of the CC&Rs,without a vote of the members or the other board members, in order to sell a new unit. Many of the members, including those on the board, don't want this to happen.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 21 days ago.
Category: Real Estate Law
Expert:  Asad Rahman replied 21 days ago.

Yes, typically they can amend the CC&Rs without a vote but not the by laws.

Expert:  Asad Rahman replied 20 days ago.

If you have no further questions a positive rating would be greatly appreciated

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