Hoa Bylaws Template With Board Members In Pima
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FAQ
In Arizona, board members may only serve for one year. Florida law allows for officers to serve for eight consecutive years.
The process usually involves gathering support from a certain percentage of homeowners to petition for a recall vote. After obtaining enough support, a special meeting may be called where members vote on whether to remove the board member in question. If the vote is successful, the board member is removed.
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.
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.
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.
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.
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.
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.
They may also dictate the process HOAs must follow before raising the monthly dues. For example, Arizona's Revised Statutes Section 33-1803 states that HOAs cannot raise fees by over 20% per year without a majority vote from the membership.
