ARS 33-1803 governs HOA assessments. Boards levy regular dues per budget; special assessments may need member vote. Unpaid assessments create a property lien under ARS 33-1807.
Under ARS 33-1803, planned community HOA boards have the authority to levy regular (annual or monthly) assessments to fund common area maintenance, insurance, and reserve funds as adopted in the annual budget. Special assessments exceeding the boards authority under the CC&Rs typically require a vote of the membership. ARS 33-1807 grants the HOA a lien on any lot for unpaid assessments, which is superior to most other liens except first mortgages and property tax liens. The HOA must record a notice of lien with the Pima County Recorder. Before foreclosing an assessment lien, the HOA must provide at least 30 days written notice. ARS 33-1803.01 caps late fees and limits when the HOA may accelerate assessments. Homeowners may request a payment plan for delinquent assessments. The HOA must provide annual financial statements and budget to all members. Assessment increases above a certain threshold may require membership approval depending on the CC&Rs.
Unpaid assessments: lien on property under ARS 33-1807. HOA may pursue non-judicial foreclosure after proper notice. Late fees capped under ARS 33-1803.01. Homeowner may contest improper assessments through ARS 33-1810 civil action.
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