2.4.1 Limitations on Raising Assessments

• Jurisdiction: Arizona

§ 2.4.1 Limitations on Raising Assessments

The planned community statutes limit a planned community’s power to increase assessments and impose penalties on its members. Specifically, A.R.S. § 33-1803 states that, no matter what broad power may be given to the association in its community documents, the association cannot impose a “regular assessment” ²⁰⁶ that is more than 20% greater than the immediately preceding fiscal year’s assessment without the approval of a majority of the members of the association. However, if the community documents in some way limit the power of the association to raise the assessment at a lower limit, the lower limit also...