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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?

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