AZ - CC&Rs changed without being notified

Hi all,

I'm in AZ and just received a notice of an HOA meeting for the first time in the four years of living in our house. From the communication it appears the HOA board/members were not aware that additional property owners are in fact part of the HOA as defined by the original CC&Rs which were set to expire 12/31/17. The original CC&Rs are very basic and do not address voting %s required to change CC&Rs at all.

Long story short, changes were made just prior to 12/31/2017 to the CC&Rs that affect our property and extended the CC&R expiration out another 10 years and at least 6 of the 18 (potentially more) property owners were never notified prior to the change nor provided an opportunity to have input or vote.

Is the amendment made to the CC&Rs in 2017 legal/binding since they did not allow me and my neighbors to vote on them? I believe AZ law states that the board must provide absentee ballots for a change to governing docs but I'm getting a bit lost in the weeds (https://www.azleg.gov/ars/33/01812.htm).

My next question if the amendment to extend is not legal, do the CC&Rs terminate?

Thanks for any help, I'm way over my head here.

Jon

Were the changes made while the Declarant was in control? If so they are probably valid.

Without the ""forgotten owners" would the changes had enough owners voting to approve?

Are the changes worth going to court over?