Arizona breaks new ground in Homeowner Association reform legislation


“Mandatory disclosure” required before HOA can act on allegations

Arizona Governor Napolitano signed 3 Homeonwer Association bills in one day!

SB1055: Allows homeowners to also fly military flags, like the USMC flag. Ariz. Sess. L. Ch 75 (2006).

SB1007: Closed loopholes in HOA excuses for not providing access to records. It also placed a minimum debt to the HOA of $1,200 before a foreclosure can be filed, or only after a one year wait (duplicated in SB1008). Ariz. Sess. L. Ch. 71 (2006).

Ground breaking legislation — This bill also incorporates SB1560. (In civil court, Arizona requires the mandatory disclosure of certain information between both parties as a means of avoiding a trial, since both sides will get a good look at the evidence and charges being made.) Before an HOA can take any legal action against a homeowner for allegations of any rules violation, it must:

*** provide written notice of the allegation and the proceedure to follow regarding the charges

*** the homeowner may send a written response by sending the response by certified mail within ten business days

*** The written explanation from the association shall provide at least the following information:

1. The provision of the community documents that has allegedly been violated.
2. The date of the violation or the date the violation was observed.
3. The first and last name of the person or persons who observed the violation.

*** The association shall not proceed with any action to enforce the community documents, including the collection of attorney fees, before or during the time [10 days].

Published by

Unknown's avatar

HOAGOV

"The Voice for HOA Constitutionality". I have been a long-term homeowner rights authority, advocate and author of "The HOA-Land Nation Within America" (2019) and" Establishing the New America of independent HOA principalities" (2008). See HOA Constitutional Government at http://pvtgov.org. My efforts with HOAs took me to a broader concern that was deeply affecting the constituionality of HOAs. Those broad societal and plotical concerns caused me to start this new blog for my commentaries on the State of the New America.

One thought on “Arizona breaks new ground in Homeowner Association reform legislation”

  1. Now if we can only California to follow suit, seen a HOA member go postal against the HOA Board of Directors. Knowing the law and breaking the law only leads to violence and it should never come to that. The average HOA member does know where to start and when to end their argument, “Ignorance of the Law is NO excuse”, this is a great place to start.
    NormG

Leave a reply to Anonymous Cancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.