This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Hoa Bylaws Template With Lines In Phoenix
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Multi-State
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Phoenix
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US-00444
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FAQ
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 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.
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.
In Arizona, forming an HOA requires drafting and filing the Articles of Incorporation under the Arizona Nonprofit Corporation Act, which legally establishes the HOA as an entity.
Family Ties. Depending on the state you live in, family members might not be allowed to serve on a board together. States like Florida have a blanket rule against spouses serving on a board together, while Arizona permits partners to serve together – unless otherwise stated in the association's governing documents.
A quorum of the board should not be using email to discuss or make decisions on association business, and the use of unanimous consent in lieu of board meeting is potentially subject to legal challenge.
Essentially, HOAs are not subject to open meeting law because they are private entities that do not fit the definition of “public body” in A.R.S. § 38-431. That being said, HOAs are still subject to some meeting requirements laid out in A.R.S. § 33-1804.
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.
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.
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. scope and detail than the Planned Community statutes.
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Here is a guide to some of the most pertinent state and federal laws that regulate homeowners and condominium associations in Arizona. Know the basics of your HOA rules in Arizona to stay educated on your rights.Looking to write or update your HOA bylaws? We've got all the tips and tricks for what to include, legal aspects, common questions and more! Article 7 of the ACRA is known as the Arizona Fair Housing Act and protects people's right to access all housing opportunities without discrimination. Enforce violations swiftly, fairly and consistently. The new rules and policies must apply to everyone in the community and be fairly enforced. In 2024, new laws were enacted affecting HOAs. HB-2067, for example, mandates the automatic removal of board members who fail to hold special recall meetings. Homeowners may prepare the drawings, provided the drawings are accurate, legible and complete.