In Arizona, What Are The Limitations on HOA Dues Increases

Question:

Can my HOA increase 300-400% monthly dues starting OCT/2022 payable in 12 – 15 month installment or in a lump sum payment, for our 107 units Condo Community 1.9 million dollar roof replacements? I read our CC&R, it defines two kind of assessment, Common expenses Assessment (due) and Special Assessment for capital Improvement ( which I think our HOA should use and it requires 2/3 votes of the homeowners). But they want to avoid the 2/3 votes of our homeowner, increase our dues. Also the CC&R says, HOA can increase the dues only for the current year(2022), if the money is short from the budget. The roof replacement does not even in the 2022 budget. What can I fight for my right?

– Irene

 

Answer:

Hi Irene,

According to the Arizona Revised Statutes Section 33-1803, “the association shall not impose a regular assessment that is more than twenty percent greater than the immediately preceding fiscal year’s assessment without the approval of the majority of the members of the association.” So if there wasn’t a vote to increase the dues this much, you might want to show that link to your Board.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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