If you have a dispute with your HOA, the Arizona Department of Real Estate (“ADRE”) administers a HOA complaint resolution procedure. I’ve written about the process (the latest being Resolving an HOA Complaint), which is available to a home owner wanting to contest a notice of violation or fine. During the 3rd quarter of 2020, 20 cases were filed and the home owner won once. This is consistent with prior periods – the HOAs prevail almost all of the time. The top 3 issues brought before the ADRE were in order: architectural design violations, records requests (often about something the HOA Board doesn’t want to produce), and open meetings (usually whether a home owner has a right to participate or vote at a meeting, or improper non-public Board meetings).
