The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
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.
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.
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
You can use the Recorded Document Search to find the Covenants, Conditions, and Restrictions (CC&Rs) for a property or HOA. CC&Rs are typically recorded under the name of the property subdivision or the name of the HOA. When searching, please search using the "Business Name" section.
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.
The best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.
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.
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.
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.