How to Seek Legal Action Consultation with an Attorney: Start by scheduling a consultation with an experienced Arizona HOA lawyer. Letter of Demand: In many cases, a letter of demand from your attorney to the HOA may lead to a resolution without going to court.
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.
An HOA does not have the power to evict homeowners from their homes. However, an HOA can take legal action against a homeowner who violates the community's bylaws or CC&Rs (Covenants, Conditions, and Restrictions), which can result in fines or in extreme cases, foreclosure.
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.
GOVERNMENT AGENCIES Arizona Department of Real Estate - The Department is responsible for real estate professionals' licensure, education, and discipline, including community managers and property management companies. The Department also administers the Homeowners Association Dispute Process.
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 ARS grants the board specific powers such as the ability to foreclose on a house for unpaid liens and establish rules concerning the exterior appearance of homes and other community-related restrictions. HOAs in Arizona are also bound by rules set forth in their own governing documents.
Noise Ordinance (P-23) Therefore, it is hereby declared to be the policy of Maricopa County to prohibit excessive, unnecessary, disruptive, and annoying noises from all sources. The Sheriff's Department is responsible for enforcement of the Maricopa County Noise Ordinance (PDF).
UNLAWFUL OPERATION: A person shall: 1. Not operate a residential woodburning device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire such that emissions to the atmosphere are visible during a restricted-burn period declared by the Control Officer.
Maintaining Distance from the Property Line This helps prevent disputes and allows for maintenance on both sides of the fence without encroaching on the neighbor's land. A common practice is to build the fence 2-8 inches away from the property line, depending on local regulations and personal preferences.