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.
Arizona's HOA Property Lien Law Explained Stat. § 33-1807, a lien is automatically placed on the homeowner's property when the assessment of the HOA fees becomes due. The HOA does not have to take any further action to record the lien.
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, CC&Rs are usually enforced by homeowners associations (HOAs). In many cases, however, they may also be enforced by individual homeowners.
First-degree, second-degree, manslaughter, and conspiracy to commit do not have a statute of limitations. The only exceptions are deaths caused by a hit-and-run, which can vary from a seven-year limit to as little as a two-year limit in Arizona.
The state of Arizona has a six-year statute of limitations for taking legal action in a breach of contract case.
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 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.