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.
Thus, short-term rentals are legal in any neighborhood within the state. Any time period restriction must be in the CC&Rs. If your CC&Rs do not include a time period restriction and simply allow rentals, your HOA cannot prohibit short term rentals.
A proper HOA request letter should include: Clear headers with date and contact information. The property address and owner details. A specific subject line identifying the request type. A concise project description. Relevant timeline and completion dates. Supporting documentation references.
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.
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.
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. scope and detail than the Planned Community statutes.
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.
Can tenants attend the Member Meetings? The general answer to this question is no. More specifically, Arizona law says that Member Meetings should be open to “all members of the Association or any person designated by a member in writing as the member's representative.” (A.R.S.
The Arizona inium Act is a set of statutes enacted by the Arizona legislature that applies to the governance and operation of iniums and inium associations in the state of Arizona.