JimB (Arizona)
Posts: 3
Posts: 3
Posted:
What Arizona Statutes, if any, should a homeowners association of a Planned Unit Development adhere to?
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Arizona Statutes
Started by JimB • 4 replies • 1895 views
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RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
JimB, Damned if I know.
I would hope your documents would provide some guidence as to the Hierarchy of the various regulations that pertain to your association. It may work out to be that if there is any question about what applies specifically, it has to be decided individually. I am sure Mary can give you more information.
There is little about any HOA that will be answered by listing what applies and what doesn't, usually the state statutes trump the HOA documents, but that assumes you know both the state statutes and the documents. You may find this state control or authority over the HOA is vague and confusing, many states have no statutes over HOA, most have statutes over condos. Enforcement is another uneven position in many if not all states.
I see you are a new poster, so look this site over and look at the links on this page and the search feature. Lots of information listed about individual states, but I bet it will come down to a specific issue you are interested in. Post the issue, if you can't find the help from the link information, there is a ton of good stuff if you dig a little.
I would hope your documents would provide some guidence as to the Hierarchy of the various regulations that pertain to your association. It may work out to be that if there is any question about what applies specifically, it has to be decided individually. I am sure Mary can give you more information.
There is little about any HOA that will be answered by listing what applies and what doesn't, usually the state statutes trump the HOA documents, but that assumes you know both the state statutes and the documents. You may find this state control or authority over the HOA is vague and confusing, many states have no statutes over HOA, most have statutes over condos. Enforcement is another uneven position in many if not all states.
I see you are a new poster, so look this site over and look at the links on this page and the search feature. Lots of information listed about individual states, but I bet it will come down to a specific issue you are interested in. Post the issue, if you can't find the help from the link information, there is a ton of good stuff if you dig a little.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Jim,
All AZ statutes can be found at the Legislature's website at www.azleg.state.az.us
Click on Legislative Council then on Title 33 and scroll down to Chapter 16, 33-1801 - 1816. These are the Planned Community Statutes. Chapter 18, 33-2001 - 2003, HOA Dwelling Actions (construction defects).
Also click on Title 10 and scroll down to Chapter 24, 10-3101 - 3864 and 10-11001 - 11108. This is the Nonprofit Corp Act which all HOAs must also abide by.
For easy reference I have printed and placed all these statutes in a 3-ring binder. Especially if you are a board member, I would recommend you do the same.
If you have any questions about any of the statutes -- or anything HOA related, please feel free to ask away --- and welcome to the forum!
All AZ statutes can be found at the Legislature's website at www.azleg.state.az.us
Click on Legislative Council then on Title 33 and scroll down to Chapter 16, 33-1801 - 1816. These are the Planned Community Statutes. Chapter 18, 33-2001 - 2003, HOA Dwelling Actions (construction defects).
Also click on Title 10 and scroll down to Chapter 24, 10-3101 - 3864 and 10-11001 - 11108. This is the Nonprofit Corp Act which all HOAs must also abide by.
For easy reference I have printed and placed all these statutes in a 3-ring binder. Especially if you are a board member, I would recommend you do the same.
If you have any questions about any of the statutes -- or anything HOA related, please feel free to ask away --- and welcome to the forum!
JohnB26 (South Carolina)
Posts: 1,569
Posts: 1,569
Posted:
Quote:
Posted By JimB on 03/07/2010 2:14 PM
What Arizona Statutes, if any, should a homeowners association of a Planned Unit Development adhere to?
What Arizona Statutes, if any, should a homeowners association of a Planned Unit Development adhere to?
All of them ... HOAs are not above ANY law.
Seriously; There is a Not-For-Profit Corporation Act + any and all HOA laws ... see the Arizona web site:
http://starman.com/hoa/defaultq.asp
http://www.docstoc.com/search/arizona-hoa-laws/
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=10
(see chapt. 24)
JohnB26 (South Carolina)
Posts: 1,569
Posts: 1,569
Posted:
MaryA1 beat my reply ......
TAKE HER ADVICE
TAKE HER ADVICE
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