In Arizona, What Defines a HomeOwner Association?

Homeowner_associations

“Association” means a nonprofit corporation or unincorporated association of owners that is created pursuant to a declaration to own and operate portions of a planned community and that has the power under the declaration to assess association members to pay the costs and expenses incurred in the performance of the association’s obligations under the declaration.  ARS 33-1802 

Is there a difference between a Homeowner’s Association and a PropertyOwner’s Association?

The definitive term is “association” and that the entity meets that definition.

You could call the Association the “YaYa Sisterhood Association” and it would be legal if it fit the association definition and was legally registered with the State of Arizona.

Is there a difference in Associations?

Is it voluntary or mandatory?

If it’s mandatory, then ARS 33-1801 thru ARS 33-1818 is where you look for the answers…

If it’s NOT mandatory and they call themselves a voluntary Association, you need to consult an attorney.

Example:  Verde Valley Property Owners Association is a voluntary association.  You join on a voluntary basis to use the facilities.  $40/year.  An “association” by definition is someone who can charge everyone a mandatory charge.

Why does VVPOA call themselves a “voluntary” POA?

Is it the fact that they let their Corporation lapse back in the ’70s?

You need legal advice.

legal advice 3

While I may have my own legal advice from an attorney, it does not apply to you.

And remember that not all lawyers are capable of giving you proper information on particular issues.  Ask them if this area (homeowner associations) is their expertise.

Have a bright and sunny day

KH 2

Kathy Howe

  • owner/administrator/educator
  • how2educate LLC
  • 1120 W SR89A, B5
  • Sedona, AZ 86336
  • 928-274-4088

 

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