General Housing Information

questions & answers

Question: I live in an HOA where the board wants to change the CC&Rs to start requiring homeowners to provide deposits for several things, such as bringing in dumpsters. I reviewed Title 33 and the only place where I see they can require a deposit is for remodeling a main house (33-1817.B) in order to make sure the remodel complies with approved plans. ARS Title 33 is clear that the HOA can assess fines and assessments but, other than this one instance, it does not say they can require deposit. Are they allowed to do this?

Answer: HOAs are generally governed by their own organizational documents. So long as the content of a proposal and the matter in which a proposal is adopted are consistent with those governing documents, it is likely permissible. You may wish to speak with an attorney who specializes in HOA governance to discuss the proposal in question in greater detail.

QUESTIONS

  • I live in an HOA where the board wants to change the CC&Rs to start requiring homeowners to provide deposits for several things, such as bringing in dumpsters. I reviewed Title 33 and the only place where I see they can require a deposit is for remodeling a main house (33-1817.B) in order to make sure the remodel complies with approved plans. ARS Title 33 is clear that the HOA can assess fines and assessments but, other than this one instance, it does not say they can require deposit. Are they allowed to do this?

STORIES

  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS