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.
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.
Here are some of the documents you can ask for as a homeowner: CC&Rs: The covenants, conditions and restrictions (CC&Rs) outline the rules and regulations of the community. Bylaws: The bylaws establish operational procedures for the HOA, like voting rights, elections, meetings, powers of the board, and more.
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.
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.
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.
A proper HOA request letter should include: Clear headers with date and contact information. The property address and owner details. A specific subject line identifying the request type. A concise project description. Relevant timeline and completion dates. Supporting documentation references.
In Arizona, CC&Rs are usually enforced by homeowners associations (HOAs). In many cases, however, they may also be enforced by individual homeowners.
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.
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.