This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Hoa Rules For Common Area In Phoenix
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State:
Multi-State
City:
Phoenix
Control #:
US-00444
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FAQ
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.
In 2024, Arizona introduced new laws affecting HOA governance. One significant change is HB-2067, which mandates the automatic removal of HOA board members who fail to hold a special recall meeting as required.
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.
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.
Many HOAs maintain a website where governing documents are posted. To find HOA rules and regulations online: Navigate to the HOA's official website. Look for sections labeled “Documents,” “Governing Documents,” or “Rules and Regulations.”
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.
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.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
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.