Surprise Charge for Limited Common Element Repair

Nine months ago, I received an e-mail from my HOA indicating that in preparation for the complex wide painting project, certain limited common elements that are part of the exterior of a unit need to be repaired and that affected owners will be notified in the next few weeks if repairs are required. I never received any written notification that the limited common elements of my unit were affected. Fast forward nine months, and I receive a charge for repairs to my garage door trim. This charge is a separate line item, however it was added to the monthly HOA dues, so that charge, plus the regular monthly assessment are due on the 1st of September.

I did verify in the owner packet provided to all owners that garage door trim is 100% the responsibility of the individual owner. This homeowner packet also states "This guide outlines the general parameters that will be used to apportion responsibility. The unique facts of each situation will be taken into consideration when determining responsibility. This is a guide, not a contract." The owner packet also states "There is no provision that allows the HOA to "waive" these expenses or to "exempt" any unit owner form his/her legal obligation to the Association." I also discovered that A.R.S. 33-1255(C1) states "Any common expense or portion of a common expense benefitting fewer than all of the units shall be assessed exclusively against the units benefitted."

I acknowledge the aforementioned paragraph, but if I was never notified that my limited common element needed repair, nor given the opportunity to make the repairs myself before a certain deadline (most likely at a far less cost that what the HOA billed me for), how likely appealable and reversible is this charge? On one hand, state law is pretty clear, but then the HOA's owner packet states "This is a guide, not a contract."

What convincing points would you mention in an appeal of this charge?

The amount of the charge in my opinion is significant/high based on the repairs. It's an easy way for the contractor to make a huge profit.

I couldn't find any A.R.S. HOA statutes that requires an HOA to inform an owner first about repairs done to limited common elements by the HOA. I don't know if there any corporation statutes that prohibit an HOA from making a limited common element repair without first notifying the owner. This was not an emergency repair.

That phrase is not in CC&Rs. The repairs were done to the exterior limited common elements, in this case the exterior garage door trim.

Excuse my typo. HOA should have informed NpB.

Arizona Revised Statutes Title 10: Corporations and Associations is silent on requiring notification of an owner before a corporation or association makes repair to an owner's limited common element, as is the Arizona Condominium Act (Title 33, Chapter 9). My conclusion is that A.R.S. 33-1255 (C1) prevails and gives the HOA the authority to bill me for repair to the garage door trim.

Essentially, I am powerless to challenge this fee and if I don't pay, there could be financial consequences. Knowing that, would it be fruitful or useless to ask the Board why I wasn't informed prior to repair and to suggest in the future they inform owners by Certified Mail?

The covenants do not state that limited common elements are 100% the responsibility of the individual owner. Only A.R.S. 33-1255 (C1) and the individual owner packet, which includes a responsibility guide for maintenance, repairs, replacement and property upgrades confirm this. The individual packet states "Since January 1, 2009, Arizona law provides that HOA must charge costs back to owners for repairs to the limited common elements." The packet also states "Since January 1, 2009, Arizona law takes precedence over HOA's governing documents." The Arizona law the packet cites is A.R.S. 33-1255 (C1).

I agree.