Before HOA Can Enforce Fines, The Homeowner Has The Right To Protest

Question: We are a community of only 32 homes in Peoria. Last summer we had a major problem with parking in the swimming pool area. We want to avoid that problem this summer. Our CC&Rs allow us to fine homeowners who violate our parking requirements. Can we just put a notice of a $75 fine on their windshield, and require them to send a $75 check to the HOA president?

Answer: No. Under A.R.S. §33-1803 a homeowner does not have any obligation to pay a fine until the homeowner has had a reasonable opportunity to protest the fine to the HOA board of directors. Furthermore, there has to be an existing published schedule of fines, e.g., $75 for first parking violation, $100 for second parking violation, etc.

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