Marana, AZ HOA Rules: CC&R Enforcement (2026)

Under ARS 33-1803 of the Arizona Planned Communities Act, all HOAs in Marana must provide written notice of an alleged CC&R violation and give the homeowner an opportunity to be heard at a hearing before the board or a designated committee before any fine is imposed. This applies to all planned communities including Continental Ranch, Dove Mountain, and other master-planned developments. Fines must be reasonable in amount based on the nature and severity of the violation, as established in the Tierra Ranchos v. Kitchukov precedent requiring associations to use their powers reasonably. Fines cannot be included in assessment liens under Arizona law, meaning the HOA cannot foreclose on a property solely for unpaid violation fines. However, the association may pursue collection through small claims court, wage garnishment, or judgment liens. CC&R enforcement must be applied consistently across all homeowners; selective enforcement can be raised as a defense. The architectural review committee (ARS 33-1817) must follow the design guidelines and timelines published in the CC&Rs when reviewing modification requests.