What authority do I have as a Voluntary H O A?

My HOA is considered a Voluntary HOA. It is located near Wittmann, Az. Not every resident has been required to pay dues. We have a list of CCR's which have not really been enforced so far. I am now President of this HOA and I get all the complaints about the condition of properties and too many dogs etc. This lack of enforcement has gone on for many years. Who can I talk to to find out what authority I really have? Is their a state agency of some sort? Donna

The Boards/Association authority comes from the CC&Rs (also called deed restrictions) and applicable statutes.

If you are unable to decipher the legalize within those documents, you may need to consult an attorney.

If you are specifically questioning enforcement issues, check the CC&Rs. They specify who and how violations may be enforced. Typically they say something along the lines of:

The Association or any owner shall have the right to enforce, by any proceeding at law or in equity, . . .

This means the Association or an owner may take the violator to court. It does not mean the Association may fine. If your Voluntary Association doesn't have the money to go to court, then it's time you have a meeting of the minds and pocketbooks of those who are complaining.

Typically later formed voluntary HOA's are usually implemented to take care of "common area" type property such as a small HOA entrance. What is your voluntary dues used to pay??? They generally do not cover items you mentioned such as the homes because not everyone is a member; therefore, are the individuals violating members or non-members? If they are non-members you cannot regulate. If they are members was the CCR's for the Voluntary HOA properly filed and attached to their property titles? If it was not attached to their property titles then you will have difficult time enforcing.

The authority you have is vested in your CC&R's. by-laws and state statutes that govern HOA's.

Of course, it actually depends on what YOUR deed restrictions say concerning the Association (be it voluntary or mandatory)

They are HOA's which in the beginning no formal HOA was established because usually a developer overlooked a possible need. Examples:

1. A development was established which has a very small area at entrance with grass or bushes and a sign designating the HOA name. There was no HOA set up in beginning to take care of this small area so owners instead set up a voluntary HOA where some neighbors will pitch in a few dollars per year to maintain the HOA sign and plantings. Usually that is all the voluntary HOA will maintain and regulate.

2. A county development was established with gravel roads to lots with acreage. No initial HOA was set up to maintain those gravel roads ... so the homeowners ban together and set up a voluntary HOA to share the costs of maintenance.

Depending on the circumstances and what is stated in the contract sometimes you can get all owners to agree and sometimes you can only get some owners to agree.