HOA Laws in Arizona
Laws for Homeowner and Condominium Associations in Arizona
In Arizona, homeowner associations (HOAs) and condominium associations are governed primarily by state law, specifically the Arizona Planned Communities Act and the Arizona Condominium Act. Here's a summary of key provisions:
1. Governing Documents: HOAs and condominium associations are typically governed by a set of documents, including the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), the Bylaws, and the Articles of Incorporation.
2. Board of Directors: The association is typically managed by a board of directors elected by the homeowners or unit owners. The board is responsible for making decisions on behalf of the association, enforcing rules and regulations, and managing finances.
3. Assessments: Homeowners or unit owners are typically required to pay regular assessments to cover the costs of maintaining common areas, amenities, and services provided by the association.
4. Enforcement of Rules: Associations have the authority to enforce the CC&Rs and other rules and regulations. This may include imposing fines, placing liens on properties, or taking legal action against violators.
5. Meetings and Voting: Associations are required to hold regular meetings where homeowners or unit owners can participate and vote on important matters. These meetings must adhere to certain notice and quorum requirements.
6. Reserve Funds: Associations are typically required to maintain reserve funds for major repairs and replacements of common elements, such as roofs, roads, and amenities.
7. Disclosures: When selling a property within an HOA or condominium association, sellers are required to provide buyers with certain disclosures regarding the association's rules, financial status, and other relevant information.
8. Dispute Resolution: Procedures for resolving disputes between homeowners or unit owners and the association are typically outlined in the governing documents. This may include mediation, arbitration, or litigation.
9. Amendments to Governing Documents: Changes to the CC&Rs, Bylaws, or other governing documents typically require a certain percentage of homeowner or unit owner approval, as outlined in the association's governing documents.
10. Fair Housing Laws: Associations must comply with federal and state fair housing laws, which prohibit discrimination on the basis of race, color, religion, sex, disability, familial status, or national origin.
These are general principles, and the specific requirements and regulations may vary depending on the individual association and its governing documents. It's important for homeowners or unit owners to familiarize themselves with their association's specific rules and regulations.
Arizona Planned Communities Act
Arizona Corporations Act (Applies to nonprofit corporations)
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