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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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