Bylaws Condo Association With Regulations In Phoenix
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FAQ
In Arizona, CC&Rs are usually enforced by homeowners associations (HOAs). In many cases, however, they may also be enforced by individual homeowners.
In 2024, Arizona introduced new laws affecting HOA governance. One significant change is HB-2067, which mandates the automatic removal of HOA board members who fail to hold a special recall meeting as required.
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.
Except in cases where the governing documents specify otherwise, the request for dissolution must be approved by a majority of the votes or a majority of the voting power, whichever is less.
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.
Under Arizona law, an HOA may not issue a fine until it first offers you a hearing before the board of directors. If the HOA fails to provide you an opportunity for a hearing before the fine is imposed, the fine is illegal and not enforceable. Arizona law also requires that fines be reasonable.
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.
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.
Yes, homeowners can sue their HOA for discrimination if they believe they have been treated unfairly based on certain protected characteristics such as race, gender, age, disability, or religion.
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.
