After takeover of HOA

Started by DennisD3 • 8 replies • 1711 views

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DennisD3 (Arizona)
Posts: 1

Posted:

I am a newly elected board member of a small HOA in Maricopa County Arizona. I want to get up to speed quickly since we have just been forced to takeover the assoc from a now defunct builder. My concern is that I do not know how to find the minimum statutes as to operating a HOA in Arizona. I feel sure that there are minimums but even after searching the internet I have not found them.

If you have some directions as to where I can find the above, I would appreciate your help. Thanks in advance for your advice.

JosephW (Michigan)
Posts: 882

Posted:

Try here for the state laws:

http://www.communityassociations.net/arizona_main.html

Joe

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RaymondC (Minnesota)
Posts: 64

Posted:

You should be able to find what you need right here. Go back to the opening page, and click "Library" All the states are available.

Jadedone4 (Virginia)
Posts: 495

Posted:

Dennis, follow the advice from above, and while searching use "engine" in upper right side corner for "Transition" there is a checklist of items/procedures that your HOA should be doing (internally) as a result of taking over from developer/builder.

JosephW (Michigan)
Posts: 882

Posted:

Raymond,

Not sure why but Library doesn't have the state laws anymore. Could be because the states change the URL's of their laws more than any other web sites I have seen. The person asking about New Mexico laws made me check my links and they had changed for the 3rd time in 4 months.

Joe

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Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net
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RaymondC (Minnesota)
Posts: 64

Posted:

The first library screen doesn't seem to have much on it, but you click the picture to get to the next stage. I found Arizona three levels deeper.

LeeS1 (New Mexico)
Posts: 24

Posted:

There is a lawyer in the PHX area who puts out a newsletter on HOAs. It is The Shaw Law Firm. His website is: www.shawlines.com. He is also the www.HOAGUY.com (which defaults to the shawlines website). On his website are publications that should be of help to you. He also has a newsletter. Perhaps you could read back issues. His document on the Legal Aspects of Homeowners Association cites the statutes. Should be a good starting point. Also, a quick call to him to ask where you should start wouldn't hurt.

His contact info is: The Shaw Law Firm
Counselors to Community Associations
Augustus H. Shaw IV 7551 S. Willow Drive, Suite 101
Attorney and Counselor at Law Tempe, AZ 85283
Direct Dial 480-456-1500
Fax 480-456-1515
E-mail – [email protected]
www.HOAGUY.com

You need to read your CC&Rs as well as your bylaws. I would also recommend that you read the past year's worth of BOD minutes.

LeeS1 (New Mexico)
Posts: 24

Posted:

Here is a link to the AZ statutes. You want title 33, chapter 16.

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp

Here is an excerpt from Shaw's document:

A. Arizona Planned Community Statutes - A.R.S. §§ 33-1801 through 33-1814 defines “planned community”, “association”, “community (governing) documents” and “declaration”. The planned community statutes also have provisions that deal with assessment increases, penalties, open meetings, disclosure of association records, resale disclosure and assessment liens.
B. Arizona Condominium Act – The Arizona Condominium Act, A.R.S. §§ 33-1201 through 33-1270, is patterned after the Uniform Condominium Act and is more extensive in scope and detail than the planned community statutes.
C. Nonprofit Corporations Act – All associations that are incorporated are subject to the Nonprofit Corporations Act, A.R.S. §§ 10-2301 through 10-2594. The Nonprofit Corporations Act contains extensive provisions governing the formation and operation of nonprofit corporations.

RogerB (Colorado)
Posts: 5,067

Posted:

Thanks for the links Lee. The Nonprofit Corporations Act contains provisions governing the formation and operation of not-for-profit corporations in most states. It is a good place to look when the By-laws fail to provide for various operational procedures.

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