I am aware that an HOA can generate a “Fine Policy” as a general guideline to homeowners, but it appears that my HOA has also included within the “Fine Policy” an “Appeals Process” that is highly bias towards the HOA essentially mandating that all appeals be submitted in writing, using their appeal form, demanding “extenuating circumstances” far beyond what is listed under ARS 33-1242 B “A unit owner who receives a written notice…may provide the association with a written response by sending the response by certified mail within twenty-one calendar days after the date of the notice. The response shall be sent to the address identified in the notice.” Any homeowner that fails to fill out the HOA appeal form will be considered “Denied.” #1 Can an HOA include an enforceable Appeals process within the Fine Policy? and #2 How come they dont need to follow the CC&Rs amendment process requiring a high affirmative homeowner? I did send them a certified letter as required by law requesting an appeal, but they refused to put me on the agenda. I also requested it to be in an open meeting, which I was able to make my appeal during the homeowner portion of the agenda, but now they are saying they will take discussion into executive session and it has almost two months without a decision saying they have not held an executive session yet.
Lastly, our CC&Rs specifically state in the definition of “Areas of Association Responsibility” that they have responsibility of rights-of-way until AZ, County or municipality has taken ownership. Our community rights of way were dedicated shortly after the community was started and I have confirmed with the Town that they have 100% responsibility. I feel like my HOA has usurped authority over the rights of way, and are now doubling down by holding an HOA vote to something they never should have been enforcing in the first place. Craziness.