Arizona law sets clear guidelines for how HOAs/condos must handle violation notices and levying fines. When a homeowner is alleged to have violated an association rule, the association should send a violation notice by US mail, unless the community’s governing documents specify a different method. The notice must detail the specific rule that was violated, the date the violation was observed, instructions on how the homeowner can contest the notice, and information about the homeowner’s right to request an administrative hearing with the Arizona Department of Real Estate (“ADRE”).
While the law does not require that photographs be included with the notice, providing photos is considered a best practice to support the association’s claim. The notice also does not have to state the name of the person who observed the violation unless the homeowner specifically requests this information. If the homeowner responds to the notice by certified mail within 21 days, the association is obligated to reply within 10 business days with any missing information, such as the observer’s name or additional details about the violation.
Before a fine can be imposed, the homeowner must be given notice of the violation and an opportunity to be heard or to contest the violation. The fine amount must be reasonable and consistent with the association’s established fine policy.
For more guidance, see our firm’s Cheat Sheets on Enforcement of Governing Documents and Levying and Collecting Fines. Please contact Mulcahy Law Firm, P.C. at info@mulcahylawfirm.com with any questions.
