Arizona Statewide Rule
Arizona HOA CC&R & Architectural Enforcement
Key Facts
- Governing law
- A.R.S. § 33-1803 (with § 33-1802 definitions)
- Member response window
- 21 days by certified mail
- HOA response window
- 10 business days with violation details
- Enforcement bar
- No enforcement or attorney fees until details provided
- Appeal route
- Arizona Department of Real Estate hearing
Summary
Arizona HOAs enforce CC&Rs, design rules, and bylaws, but A.R.S. § 33-1803 channels enforcement through a detailed violation-notice process. A member who gets a violation notice may demand, within 21 days, the specific provision violated, the date, who observed it, and how to contest, and the HOA cannot collect attorney fees until it provides this.
C. A member who receives a written notice that the condition of the property owned by the member is in violation of the community documents without regard to whether a monetary penalty is imposed by the notice may provide the association with a written response by sending the response by certified mail within twenty-one calendar days after the date of the notice. The response shall be sent to the address identified in the notice.
Full Breakdown
A.R.S. § 33-1803 governs how an Arizona planned-community association enforces its declaration, bylaws, and rules, including architectural and covenant violations. When the association notifies an owner of a violation, the owner may submit a written response within 21 days by certified mail, and the association then has 10 business days to provide 'the specific provision of the community documents that was allegedly violated,' the date of the violation or notice, the persons who observed it, and the process to contest the notice. The association 'shall not proceed with any action to enforce the community documents or to collect attorney fees' until it furnishes that information unless it was in the original notice. Disputed violations may be appealed to the Arizona Department of Real Estate administrative hearing process.
Violations & Penalties
No specific statutory penalty on the owner beyond any reasonable fine under § 33-1803. The association, however, loses the right to enforce or to collect attorney fees until it supplies the required violation details, and an owner may contest the violation through a state administrative hearing.
Frequently Asked Questions
How do I contest an HOA CC&R violation notice in Arizona?
Can an Arizona HOA charge attorney fees for a CC&R violation?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.