HOA Selective Enforcement of the standards
What AZ statue covers HOA selective enforcement of the CC&Rs? I am looking for the specific paragraph. Thanks in advance for any help with my request.
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There is no current statute that prevents selective enforcement of governing documents but there is plenty case law decision by the courts relative to that issue. The most specific case is one that invoked the duties of the board to its members established in common law by the Restatement of Law Property Servitudes sections 6.13 and 6.14. That case Tierra Rancho v Kitchukov directly established the identified provision of the Restatement as the basis for the duties of all boards in Arizona. Two of those provision are that board must treat all members fairly and the second is that board must act reasonably in their discretional authority to enforce the governing documents. Both of those provision establish without doubt that board cannot selectively enforce any rule or restriction as that would not treat homeowners fairly or be reasonable.
Absent a specific statute on an issue than common and case law prevails on all issues. Because of this, there is no difference between the true duty of the board in case law and if it would have been codified in state statute.
Dennis, Thank you for the very informative and useful reply! I’ll look up that case.