This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Property Owners Association Bylaws For Nonprofit Organizations In Arizona
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Except in cases where the governing documents specify otherwise, the request for dissolution must be approved by a majority of the votes or a majority of the voting power, whichever is less.
State laws. Some states have laws that prohibit raising fees over a certain percentage. For instance, in Arizona, ing to Revised Statutes §33-1803, HOAs may not hike up fees by over 20% per year without a majority vote from the members of the community.
The Supreme Court held that an HOA may not rely on a general amendment power provision in its covenants, conditions, and restrictions to place restrictions on landowners' use of their land only as to those restrictions for which the HOA's original declaration has provided sufficient notice.
The Homeowners Association Dispute Process is administered by the Arizona Department of Real Estate, which has the statutory jurisdiction to hear issues between residents and homeowner or inium associations.
Here are some of the documents you can ask for as a homeowner: CC&Rs: The covenants, conditions and restrictions (CC&Rs) outline the rules and regulations of the community. Bylaws: The bylaws establish operational procedures for the HOA, like voting rights, elections, meetings, powers of the board, and more.
In Arizona, CC&Rs are usually enforced by homeowners associations (HOAs). In many cases, however, they may also be enforced by individual homeowners.
Under Arizona law, an HOA may not issue a fine until it first offers you a hearing before the board of directors. If the HOA fails to provide you an opportunity for a hearing before the fine is imposed, the fine is illegal and not enforceable. Arizona law also requires that fines be reasonable.
Formation and Management of HOAs in Arizona In Arizona, the process of forming a homeowners' association (HOA) involves drafting and filing the Articles of Incorporation under the Arizona Nonprofit Corporation Act. These foundational documents legally establish the HOA as an organization.
Many aspects of HOAs are directly governed by Arizona statutes, such as the Planned Communities statutes, the Arizona inium Act and the Nonprofit Corporations Act.