HOA Fines Homeowner for Multiple Violations in Arizona

Question:

I asked to put up cameras, but I was denied. I put them up because my home was broken into twice. nothing important was taken, I didn’t even call the cops, I’m assuming kids did it because only alcohol was taken in both cases.

I put the cameras up and they are charging me, also our cars were attempted to be taken on many occasions with no success and we only know that due to the cameras.

My Fiance does not live here but works for a municipality that requires him to take home a work truck for emergency call out when he is on call, again HOA complained.

My garage door broke and it cost me over $1000.00 to get a new one, well I couldn’t afford the new door and the paint in the same month and was charged. I asked if they had resources to help with these simple tasks that they clearly can’t but love charging hard-working people for. and yet no help just charges.

I’ve been paying what I can per month with the demands and they just won’t stop. I probably have the nicest front yard on this disgusting street but there is always something they find.

They provide no security, the landscape and playgrounds are garbage, and their budget for 2023 includes the following:
$2,701,480.00-Assessment Revenue & Other Operating Income
to include:
Administrative,
Contract services such as Janitorial, landscape, Exterminating etc. are not kept up at all in this community
Salary & Wages, office supplies Insurance, Postage.

I would like to know how I can slime my way into ripping people off for basic services.

I have 3 girls and am a single mom, soon to be married, and have been dealing with these idiots for too long. THIS IS SO WRONG!!

– Sophia

 

Answer:

Hi Sophia,

It sounds like your HOA has been fining you for breaking its rules. This is common practice among homeowners associations. You were fined because you put up the cameras without getting HOA approval. Your HOA also must have rules about certain vehicles that are allowed in the community. As for the garage door, it is a matter of architectural standards.

While it can be frustrating to have all these violations, an HOA generally does have the authority to assess fines against owners who break the rules. That said, you should have been given sufficient notice and an opportunity to be heard prior to getting issued the fines. As per the Arizona Planned Communities Act Section 33-1803(B),

“After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association. Notwithstanding any provision in the community documents, the board of directors shall not impose a charge for a late payment of a penalty that exceeds the greater of fifteen dollars or ten percent of the amount of the unpaid penalty. A payment is deemed late if it is unpaid fifteen or more days after its due date, unless the declaration, bylaws or rules of the association provide for a longer period.  Any monies paid by a member for an unpaid penalty shall be applied first to the principal amount unpaid and then to the interest accrued.  Notice pursuant to this subsection shall include information pertaining to the manner in which the penalty shall be enforced.”

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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