Deborah Goonan does an excellent ‘story telling’ of the events surrounding the Arizona Turtle Rock litigation. It is a story to be spread about all states since the AZ SC acted to prevent its favorable publication for use as precedent. MUST READ!
Do we really need or want HOAs to be The Enforcers?
Arizona Constitutional Rights advocate George K. Staropoli recently published a few posts on an important appellate court opinion in Turtle Rock III HOA vs. Lynne Fisher, involving a homeowners,’ condominium, or cooperative association‘s statutory right to impose monetary fines upon members who violate covenants, restrictions, rules, and regulations.
In brief, the homeowner, Fisher, appealed a lower court’s ruling that Turtle Rock HOA was entitled to collect fines and penalties of more than $3,800. Fisher argued that the fines were excessive, that her rule violation did not result in any measurable damage to the associations, and that she was denied due process in the form of proper notice by way of a written schedule of fines to be imposed for specific violations.
While the appellate court upheld the lower court’s order for Fisher to clean up the interior…
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HOA Constitutional Government 