How to Remove an HOA Board Member in Arizona: The Recall Petition

When a board member won’t follow the law, ignores the community, or governs for a clique, homeowners often assume they’re stuck until the next election. They’re not. A.R.S. § 33-1813 gives Arizona association members a direct mechanism to recall and remove a director — with or without cause — and it overrides anything in the declaration or bylaws that says otherwise.

Members can remove a director by majority vote — no cause required

“The members of the association who are eligible to vote … may remove any member of the board of directors, other than a member appointed by the declarant, by a majority vote of those voting on the matter at a meeting of the members. … The members of the association may remove any member of the board of directors with or without cause…” — § 33-1813(A)(1), (3)

Two points that trip people up: it’s a majority of those voting at the meeting (with a quorum present), not a majority of all members; and you do not need to prove wrongdoing. “Without cause” means the members’ judgment is enough.

Step one: the recall petition and its signature threshold

The process starts with a petition. How many signatures you need depends on the size of your association (§ 33-1813(A)(4)):

• 1,000 or fewer members: signatures equal to at least 25% of the votes in the association, or 100 votes — whichever is less.
• More than 1,000 members: at least 10% of the votes, or 1,000 votes — whichever is less.

“Whichever is less” matters: in a large community the fixed number is often the easier bar to clear.

Step two: the board must call a special meeting within 30 days

On receiving a valid petition, the board must call, notice, and hold a special meeting of the members — using the notice rules of § 33-1804(B) — within 30 days.

The special-meeting quorum

For a recall special meeting, a quorum is present if members equal to at least 20% of the votes, or 1,000 votes, whichever is less, attend in person or as otherwise allowed by law (§ 33-1813(A)(4)(e)). That’s often a lower quorum than a regular meeting requires — the legislature made recall meetings achievable.

What happens after a removal

• Filling seats. If fewer than a majority of directors are removed, vacancies are filled as the community documents provide. If a majority is removed (or the documents give no method), the association must hold an election to replace them within 30 days (§ 33-1813(A)(5),(6)).
• No instant comeback. A recalled director can’t serve again until the expiration of the term they were removed from — longer if your documents say so (§ 33-1813(A)(7)).
• Records preserved. The board must keep all documents relating to the recall and any replacement election for at least a year, and members can inspect them under § 33-1805 (§ 33-1813(A)(4)(g)).
• One petition per term. You can’t re-petition to remove the same director more than once during that director’s term (§ 33-1813(A)(4)(h)).
• Attorney fees. If a civil action is filed over the removal, the prevailing party is awarded reasonable attorney fees and costs (§ 33-1813(A)(4)(f)).

Voting-district boards

If your directors are elected from separately designated voting districts, a director can be removed only by the members of that same district — only they vote and only they count toward quorum (§ 33-1813(B)).

Practical checklist

1. Confirm the director is not declarant-appointed — the recall power doesn’t reach developer appointees.
2. Calculate your threshold from current membership, using the “whichever is less” rule.
3. Draft a clear petition naming the director(s) to be removed; gather signatures from members eligible to vote at the time they sign.
4. Deliver it to the board in writing and keep proof. Start the 30-day clock and calendar day 31.
5. Turn out for the meeting — meeting quorum and a majority of those voting decide it.
6. If the board misses the 30 days, the directors are removed by operation of law at midnight on day 31 — document the timeline.

Grounded in the text of A.R.S. § 33-1813 (removal of board member; special meeting). General homeowner education — not legal advice.