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 in: on April 13, 2006 at 1:38 am  Comments (1)  

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One CommentLeave a comment

  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.

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