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HaroldS1 (Arizona)
Posts: 314
Posted:
Interesting section in a new Arizona statue (regarding solar panels). I don't recall seeing this requirement in any other Arizona statue affecting HOAs.
"C. NOTWITHSTANDING any provision of the community documents, the court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section.END_STATUTE"

SuzyS (Arizona)
Posts: 10
Posted:
Tell me more about this statue. I live in Tucson and need to know as much as I can regarding the HOA laws of this state. We have been harassed for a very long time by our board. They just settled a law suit that didn't involve us and made us a part of the settlement. We became the sacraficial lambs.

We need to know our rights.
HaroldS1 (Arizona)
Posts: 314
Posted:
Hello Suzy - Here are the Arizona Revised Statues http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=33 scroll down to chapter 9 if you are a condominium, or chapter 16 for planned communities. Print out those statues and put in a ring binder so they are always handy. State laws override your HOA documents if there is a conflict. HOAs, if incorporated, (most are) are also subject to Title 10 - Corporations and Associations.
If you have knowledge and good proof that your HOA is not following these statues or even their own CC&Rs, you can file for a hearing with the Office of Administrative Hearings (OAH) for a $550 filing fee, which is awarded back to you (ordered to be paid by the HOA) if the judge agrees with you. If you lose the hearing, you forfeit the fee.
Good luck. Harold

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