In late 2020, the HOA I am a member of sent out an email blast to all owners indicating that in advance of the upcoming paint project, certain exterior limited common elements need to be repaired and that impacted owners would be notified.
Nine months later, I receive a charge on my monthly statement for garage door trim repairs. The HOA never notified me that my unit was affected nor gave me an opportunity to make the repairs myself. I know that according to A.R.S. 33-1255(C1), I am financially responsible for that limited common element. The statute states “Any common expense or portion of a common expense benefitting fewer than all of the units shall be assessed exclusively against the units benefitted.”
I think it is unfair that I was never notified nor given the opportunity to make the repair myself. I consider this a form of “surprise billing.” Are there any statutes or corporation codes that require an HOA or corporation to provide notice of repair and give the homeowner an opportunity to do the work themselves or consent to have the HOA repair it?
Are surprise “chargebacks” to the homeowner for limited common element repair prevalent or rare?
Would this charge be worth appealing? It is a line item on my monthly bill and my upcoming statement has an amount due that reflects both the regular monthly assessment plus this garage door trim repair.