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.
GOVERNMENT AGENCIES Arizona Department of Real Estate - The Department is responsible for real estate professionals' licensure, education, and discipline, including community managers and property management companies. The Department also administers the Homeowners Association Dispute Process.
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.
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.
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.
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.
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.
The state of Arizona has a six-year statute of limitations for taking legal action in a breach of contract case.
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.
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.