KennethM10 (Arizona)
Posts: 1
Posts: 1
Posted:
Are HOA required to send a certified letter to impose a fine in the state of Arizona?
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Certified Letter to impose a fine?
Started by KennethM10 • 5 replies • 614 views
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RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
Does Arizona require due process or does the person being fined, are they called to a hearing?
AugustinD
Posts: 5,144
Posts: 5,144
Posted:
Quote:
Posted By KennethM10 on 07/25/2019 7:22 PM
Are HOA required to send a certified letter to impose a fine in the state of Arizona?
Are HOA required to send a certified letter to impose a fine in the state of Arizona?
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Can your HOA issue a fine? Plus does your HOA have a fining schedule? You can't just randomly issue a fine. Your documents must allow for it and it be defined what is a finable. Hence the fining schedule. Just having the right to fine needs a bit more definition.
Yes, I would try to send fines certified if at all possible. It would go to the HOA address and then I would send a letter to address on record if they don't stay in the HOA. That is because the violations are against the property address in the HOA. Don't open a certified letter if returned unopened.
Yes, I would try to send fines certified if at all possible. It would go to the HOA address and then I would send a letter to address on record if they don't stay in the HOA. That is because the violations are against the property address in the HOA. Don't open a certified letter if returned unopened.
Former HOA President
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Welcome to the forum, Kenneth. Was there a hearing or other due process as required by your documents or AZ law? It's generally a board of directors that "imposes" a fine; the letter would all what that fine is.
Sure, the results of could be sent by certified letter. But I don't know if it's required.
Sure, the results of could be sent by certified letter. But I don't know if it's required.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Prior to 1955, there was no certified mail in the US. All states developed some form of a "mailbox rule" that went something like this: If it was standard practice for a business to put outgoing mail in the mailbox, then X days later, a letter was presumed to arrive at its destination.
Many of these "mailbox rule" laws are still on the books. By a 3-2 margin the AZ Supreme Court affirmed the validity of the "mailbox rule" in 2008. Not sure if it applies to your situation.
See: https://www.omlaw.com/azapp-blog/postings/2008/mail-delivery-rule-applies-to-the-filing-of-notices-of-claim-under-ars-12-82101/
Many of these "mailbox rule" laws are still on the books. By a 3-2 margin the AZ Supreme Court affirmed the validity of the "mailbox rule" in 2008. Not sure if it applies to your situation.
See: https://www.omlaw.com/azapp-blog/postings/2008/mail-delivery-rule-applies-to-the-filing-of-notices-of-claim-under-ars-12-82101/
Sikubali jukumu. Read all posts at your own risk.
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