Arizona HOAs must follow specific procedures to enforce CC&Rs including written violation notices, an opportunity to cure, and a hearing before the board. Fine schedules must be approved by the membership and prominently posted.
Under the Arizona Planned Communities Act, CC&R enforcement must follow established procedures. The HOA must: (1) provide written notice identifying the specific violation and the CC&R provision at issue, (2) give a reasonable opportunity to cure the violation, (3) offer a hearing before the board or designated committee before imposing a fine. The fine schedule must be approved by a vote of the membership and made available to all owners. ARS 33-1803 requires the association to adopt rules and procedures for enforcement. Selective enforcement (enforcing against one owner but not others for the same violation) can be grounds to invalidate a fine. CC&Rs must be recorded with the county recorder to be enforceable. Arizona law limits the ability to amend CC&Rs to add new restrictions retroactively, typically requiring a supermajority vote. The ADRE can investigate complaints about enforcement procedure violations.
Fines per the HOA's approved schedule, typically $25 to $100 per violation. Accumulated fines may result in a lien. The HOA may seek injunctive relief in court for persistent violations.
Phoenix, AZ
Phoenix follows the 2018 Phoenix Building Construction Code Chapter 9 (IBC/IRC) and Ordinance G-5898 (effective April 18, 2014). Smoke alarms are required in...
Phoenix, AZ
Phoenix has no city ordinance restricting lawn ornaments, statuary, or year-round decorations on residential property. PCC Section 23 requires property maint...
Phoenix, AZ
Phoenix has no city ordinance regulating residential inflatable holiday displays. Size, lighting hours, and blower noise are governed by HOA CC&Rs. PCC Secti...
Phoenix, AZ
Phoenix has no municipal ordinance regulating residential holiday lights. Lighting timing, brightness, and animation are governed by subdivision CC&Rs and HO...
Phoenix, AZ
Phoenix requires building permits for outdoor kitchens with gas lines, plumbing, electrical wiring, or structural roofs. Trade permits filed through Planning...
Phoenix, AZ
Phoenix has no specific ordinance regulating residential smokers or pellet grills. ADEQ Rule R18-2-219 prohibits visible emissions exceeding 20 percent opaci...
See how Phoenix's cc&r enforcement rules stack up against other locations.
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