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.
More than 17,000 Arizonans have applied for the state rental assistance, and about 1,100 have received it, according to the Arizona Department of Housing. Nearly 80% of the funding, or about $3.9 million, remains unspent.
One Arizona landlord who was owed $4,000 in rent for a Surprise home filed a lawsuit against Ducey over the eviction moratorium, saying it violates the Arizona Constitution and fails to pay landlords for the losses they are experiencing.
Maricopa County, Phoenix and Mesa are starting their own rental assistance programs using CARES Act funding, but there’s not enough time to get aid to renters and landlords before the moratorium ends.
Maricopa County set aside $30 million for rent and mortgage aid, while spending another $10 million on homelessness.
Phoenix plans to spend about $30 million in federal aid to help residents pay rents, mortgages and utilities.
Mesa set aside $1.5 million toward helping residents pay utilities and aid for homeless people.
iiiNew affordable housing fund
including health care and social services.
“The goal of this fund is broader than typical affordable housing projects. We want to create more than the four walls of a home to improve the lives of residents,” said Joe Gaudio, CEO of the UnitedHealthcare Community & State West Region and fund contributor. “We must focus on the social determinants of health and create supportive ecosystems for people where they live, learn, shop and work.”
Fund backers want to help support affordable housing development as quickly as possible but also acknowledge much more than $100 million is needed to tackle Arizona’s growing affordable housing problem.
More time for struggling renters and landlords
A growing number of housing advocates and politicians are sending letters to Ducey asking to extend the eviction moratorium and provide more help to renters and landlords faster.
More than 30 Democratic lawmakers have called on Ducey to extend the eviction moratorium until January, noting that rising homelessness in the middle of the pandemic and triple-digit temperatures is a recipe for disaster.
And more than 30 businesses, advocacy groups and the city of Phoenix have signed on to a letter asking for the governor to extend the eviction moratorium until the end of 2020.
“Dear Governor Ducey
“Your swift action in March to delay the enforcement of eviction action orders ensured that renters impacted by COVID-19 had a place to call home.
“We now respectfully urge you to extend E.O. 2020-14 (the executive order for the eviction moratorium) so that more Arizonans continue to stay in their homes and benefit from additional housing assistance that has been made available to support families and landlords during this crisis.
“More time is needed to connect the renters with the support. Aligning Arizona’s eviction moratorium with the C.A.R.E.S. Act deadline of December 30, 2020 provides agencies more time to get critical funding to those in need.”