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AZ SB1438
Bill
Status
1/28/2026
Primary Sponsor
John Kavanagh
Click for details
AI Summary
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Prohibits HOA voting by proxy or delegate after the period of declarant control ends, requiring votes to be cast in person or by absentee ballot at duly noticed meetings.
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Authorizes electronic and online voting systems for ballot measures, while requiring associations to offer paper absentee ballots as an alternative to any member who requests one.
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Establishes detailed ballot requirements including minimum 10 calendar days for voting, mandatory voter identification forms, prohibition on pre-voted ballots, and retention of all election materials for at least six months.
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Requires associations to post election results and vote tallies within 48 hours of completion and make board member contact information available to members.
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Creates a formal election challenge process requiring written challenges within 30 days, with defined "substantive violations" that mandate invalidation and re-election, including improperly denying voter eligibility or allowing ballot tampering.
Legislative Description
HOA voting; elections; ballot measures
Last Action
Senate read second time
1/29/2026