Condominium Bylaws Condo Association With Hoa In Phoenix
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FAQ
The association is responsible for the maintenance and replacement of all general common elements, and in the case of condos, there are many. General common elements, which are used by every unit owner, include sidewalks, elevators, roofs, lobbies and common hallways, and community amenities like pools.
Answer: Yes, condo bylaws are legally binding documents. They are part of the inium's governing documents and are enforceable under both state or provincial laws and local regulations.
On the other hand, condo owners are responsible for maintaining the interior of their units. This includes repairs to walls, floors, plumbing, electrical systems, and appliances within the unit itself. If applicable, condo owners should also maintain any private spaces, such as balconies.
While an HOA's governing documents tend to be more specific, some state laws indicate an association's default maintenance responsibilities. California is one example, with Civil Code Section 4775 stating that an HOA is responsible for common area repairs, maintenance, and replacements unless otherwise provided in the ...
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.
While an HOA's governing documents tend to be more specific, some state laws indicate an association's default maintenance responsibilities. California is one example, with Civil Code Section 4775 stating that an HOA is responsible for common area repairs, maintenance, and replacements unless otherwise provided in the ...
Additionally, condo owners are usually not responsible for maintaining the building's exterior, including landscaping, walkways, and parking areas. In climates where snow removal is needed, the COA handles it.
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.
The absence of an HOA board can result in significant risks, including financial mismanagement, where bills go unpaid and dues are uncollected, leading to financial instability. Residents and city officials can also bring about legal actions against the HOA, resulting in expensive court actions.
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.
