HOA assessment rules in Sahuarita planned communities are governed by ARS 33-1803, which caps annual regular assessment increases at 20 percent over the prior fiscal year without member approval, limits late fees on overdue assessments to the greater of $15 or 10 percent of the unpaid amount, and establishes specific notice and response procedures that the association must follow before collecting penalties or attorney fees from members. Rancho Sahuarita, as one of the largest planned communities in southern Arizona, maintains significant assessment revenue to fund common area maintenance, community amenities, and management company services, making compliance with these statutory protections important for both the association and its thousands of homeowner members across multiple subdivision phases.
Under ARS 33-1803 of the Arizona Planned Community Act, Sahuarita HOAs including Rancho Sahuarita cannot impose a regular assessment increase exceeding 20 percent over the immediately preceding fiscal year assessment amount without first obtaining approval from a majority of the membership through a properly noticed vote. If the community governing documents, such as the CC&Rs or bylaws, impose an even stricter cap on annual increases, the more restrictive limit controls. This statutory cap applies to regular recurring assessments only and does not necessarily limit special assessments approved through the member voting process required by the governing documents. Assessments are considered overdue when they remain unpaid 15 or more days after the stated due date, and the association may not characterize an assessment as late or impose any late charges before that 15-day grace period has expired. Late payment charges are capped at the greater of $15 or 10 percent of the unpaid assessment amount, and the association must provide notice that the assessment is delinquent or that it will be considered delinquent after a certain date before imposing the late fee. The board may impose separate monetary penalties for violations of the association rules, CC&Rs, or governing documents, but only after providing written notice of the violation and an opportunity to be heard to the affected member. Late charges on unpaid rule violation penalties follow the same cap structure as assessment late fees, limited to the greater of $15 or 10 percent of the unpaid penalty amount. Members who receive violation notices from the association have 21 calendar days from the date of the notice to submit a written response via certified mail contesting the alleged violation or providing an explanation. The association is then required to respond within 10 business days with specific information about the violation, including the exact provision of the governing documents alleged to have been violated, the specific date of the violation, and the names of the persons who observed the violation. The association cannot collect attorney fees related to a violation enforcement action until it has provided all of the required information and given the member written notice of the option to petition for an administrative hearing through the Arizona Department of Real Estate under ARS 32-2199.01. Liens for unpaid assessments may be recorded against the property under ARS 33-1807, but the lien process must follow strict notice requirements and priority rules established by the statute.
Associations violating assessment procedures face administrative hearings through the Arizona Department of Real Estate at a $500 filing fee per issue. Members may challenge improper liens through ADRE or civil court. Associations collecting attorney fees without providing required notice and information may face civil liability for those fees.
See how other cities in Pima County handle assessment & dues.
See how Sahuarita's assessment & dues rules stack up against other locations.
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