Dissolution of HOA
If the CCR’s nor the local HOA Bylaws have a procedure in place for the removal of the HOA in the entirety, can that still be completed in the state of Arizona? Does ARS have any statutes that cover the dissolution of an HOA neighborhood ( not condominium)
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While there is a Condominium Termination statute there is no corresponding statute for planned communities. The current Condominium statute is in a case before the Arizona Supreme Court to determine its constitutionality. We in this coalition filed an Amicus Brief to the Supreme Court in support of the unconstitutionality of the current law. This case will be heard on November 21st with a decision from the court expected in December or January. I fully expect to Court to find the current law unconstitutional. I’ve drafted proposed legislation that will fix this legislation and duplicate it for the planned communities. I’ve offered this to both the Speaker of the House and the President of the Senate but I suspect that they will not address this until the court ruling is finally issued. More to come soon.
Dennis
Kyle,
Could you please send me a copy of your specific CC&R’s to the azhoatruth@gmail.com address.
Thanks Dennis