But the landlord can't just kick out the tenant, change the locks, or turn off the utilities. The landlord must follow all the steps the law says must be taken. And the tenant should not just stop paying the rent unless the tenant first follows all the steps the law says must be taken.
If you have more questions you may contact the Arizona Department of Real Estate's HOA Ombudsman here. You may also call the department at (602) 771 -7799.
Thus, short-term rentals are legal in any neighborhood within the state. Any time period restriction must be in the CC&Rs. If your CC&Rs do not include a time period restriction and simply allow rentals, your HOA cannot prohibit short term rentals.
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.
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 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.
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.
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 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.