Voluntary being made mandatory

Started by BeverlyL3 • 3 replies • 1447 views

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BeverlyL3 (Arizona)
Posts: 1

Posted:

Hello, I live in a small community in Arizona,where when I bought the first house the HOA was voluntary. Sometime in 2005 when the market was booming and the community was growing the HOA decided they could become mandatory to all new homes and all property owners that purchased after jan 2005. I bought a old house (built in 1960) in the community and have just received a bill for the HOA. Can they do that without all the community voting to make it mandatory? I have had a title search done and I cannot find anything in the cc&r's that make it mandatory, no amendments except regarding dogs to the HOA documents.

TimB4 (Tennessee)
Posts: 21,061

Posted:

This is a legal question that has to be answered by someone (preferably an attorney) who has access to all of your governing documents and is knowledgeable about AZ Property laws.

Typically, if the Association started out as voluntary, it would remain voluntary until the CC&Rs were amended to make it mandatory.

RogerB (Colorado)
Posts: 5,067

Posted:

BeverlyL3,
DARCO manages two HOAs which are in the process of converting from voluntary to manditory. It is a long process. First the Declaration of CC&Rs was amended so that when a property sells the new owner has a manditory assessment. Those who owned their property when the new CC&Rs were filed with the County do not have a manditory assessment but can continue to voluntarily pay dues to join the HOA.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Perhaps its just a bill for "voluntary" dues.

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