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Subject: Certified Letter to impose a fine?
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Author Messages
KennethM10
(Arizona)

Posts:1


07/25/2019 7:22 PM  
Are HOA required to send a certified letter to impose a fine in the state of Arizona?
RichardP13
(California)

Posts:3791


07/25/2019 7:54 PM  
Does Arizona require due process or does the person being fined, are they called to a hearing?

Been there, Done that
AugustinD


Posts:1886


07/25/2019 8:22 PM  
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?
If a HOA anywhere in the United States cannot prove that it provided legal notice of a fine, then this is one way for the accused to get out of paying the fine. Certified mail is one of the most common ways to prove that legal notice was given.
MelissaP1
(Alabama)

Posts:8415


07/26/2019 4:55 AM  
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.

Former HOA President
KerryL1
(California)

Posts:6541


07/26/2019 6:24 AM  
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.
NpS
(Pennsylvania)

Posts:3597


07/26/2019 4:42 PM  
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/

Sikubali jukumu. Read all posts at your own risk.
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Forums > Homeowner Association > HOA Discussions > Certified Letter to impose a fine?



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