Hello and thank you for this wonderful resource! I’ll post a follow up question about the actual violation, but right now I need to confirm that the way the HOA is handling the notice of violation notice we received, and their premature setting of a closed “hearing,” are not allowed under Arizona law.

We received notice via certified mail after noon on Friday Aug 15. The notice says I have “the right to provide input to the Board prior to the Hearing,” which will be in an executive session closed to owners. If I choose to provide any info, I am required to send it via certified mail to be received by tomorrow, August 19. Other than that statement, the notice did not include the procedure to contest the violation or my right to request a hearing.

Neither this extremely short timeline nor the closed “hearing” are mentioned our governing documents. There is nothing in our docs at all that says how a violation may be challenged – the word “hearing” doesn’t exist either.

I emailed them last night citing Arizona law 33-1803 and requesting that the hearing be reset so we could “be heard” by the board in a meeting open to the members. I am sending it certified today as well, even though they won’t receive it until after the meeting.

1. Even if the HOA’s actions were allowed by the docs, wouldn’t Arizona law override? If so, do you have a case name that establishes what a reasonable timeline to challenge a violation notice is?

2. It is impossible comply with their timeline in any event, since certified mail takes at least two days here. (Their notice was mailed August 13 and delivered to us Friday, August 15.) Even if I mailed it this morning (Monday), August 18, it would not arrive by their deadline tomorrow. It wouldn’t even arrive until after the meeting scheduled for the morning of the 20th. Is there any danger

3. As I understand it, Arizona has no fixed timeframe for a person receiving a violation to respond as there is normally in civil litigation, etc. I have asked the manager before how much time I had to respond to their letters, but have received no answer. As I mentioned, no timeframes for responding are mentioned in the governing docs either. It would seem we would default to what’s “reasonable.” Is it reasonable for the HOA to set the hearing at 10:00 am the third business day after giving me notice? I believe they sent the notice on a Friday afternoon on purpose so it would look like we had 5 days.

4. Am I correct that an “opportunity to be heard” means in person/zoom and not the opportunity to write and mail something?