Pinal County and Superstition Fire & Medical District not authorized to have HOA clean up fire hazard
Since 2020 our HOA has received 3 Weed & Debris Abatement Letters from the local fire district to clean up specific common areas due to a potential fire hazard. The Weed & Debris Abatement Letters stated the HOA is in violation of the International Fire Code 304.1.2 Vegetation. The code states weeds, grass, vines, or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises.
The owners in the HOA community have repeatedly requested that the HOA clean up the common areas in violation. The HOA board has continued to deny all requests for years. This year the HOA board had an employee of the fire district speak at the open board meeting and this employee stated the 3 Weed Abatement letters (2020, 2021, 2024) that were sent by the fire district were all a mistake. In 2025 the owners have been informed that neither the county or the fire district can compel other government or private entities to clear or remove vegetation from their land.
Our HOA is a non profit corporation.
Are all HOA’s in AZ considered a private entity based on AZ State Laws?
Is there an AZ state law that prohibits counties and fire districts to enforce code violations on HOA property?
Our fire district adopted the International Fire Code as their operating rules. Due to the HOA not following the Weed & Debris Abatement recommendations, the specific common areas grossly, overgrown and the fire hazard has increased exponentially.
Thank you James P
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Denise
The association just like any other property owner is required to comply with municipal and county code requirements. Your association is being advised by their attorney that because they are incorporated they do not have to comply with code requirements. Total BS. The association has the duty to provide for the safety of the common property including fire safety. This is clearly established in an Arizona Supreme Court ruling in 1997. If the association fails to comply with the mandatory code requirement they will beheld liable for any property damage or deaths caused by their breach of duty based on the known risk.
If attorneys bother to actually know the law before they provide any advice to boards we would all be better off. My top priority legislation will hold both attorneys and community managers accountable for their bad advice that causes a board to breach their duty to the association or property owners.
Dennis
Dennis,
I greatly appreciate you and the Coalition. To be able to have someone to ask about these issues and concerns we as owners are up against with the HOA is extremely helpful and beneficial.
Thank you very much
James P
You are very welcome. While together we can drive change for these communities to better protect homeowner from the greed and power kick of the HOA industry players, sometimes it helps to know that someone out there cares and is willing to listen and help in any way they can. One day My hope is that boards governing your communities are those people, and you would not need outside help.
Dennis