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.
Lien Process Limitations: In Arizona, an HOA cannot foreclose on a home solely for unpaid fines (Arizona Revised Statutes 33-1807). While unpaid fines can lead to legal action or liens on the property, foreclosure is only permitted for unpaid assessments (like maintenance fees or dues), not fines alone.
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.
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.
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.
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.
You will need to have the agreement of at least 80% of the HOA members. Unless the HOA is doing an extremely poor management job, this will be difficult, since the other homeowners chose to buy in that neighborhood. Because the HOA was created through legal documents, dissolving it will also be a legal process.