2.4.3 Monetary Penalties
Jurisdiction | Arizona |
§ 2.4.3 Monetary Penalties
A.R.S. § 33-1803 allows planned communities to impose reasonable monetary penalties upon its members for violations of the declaration, bylaws and rules of the association. There are two statutory requirements. First, the monetary penalty can be imposed only after notice to the member and an opportunity to be heard. Second, the “notice” is not sufficient unless it includes information pertaining to the manner in which the penalty will be enforced. If a planned community association plans to enforce the monetary penalty by filing a lawsuit seeking a personal money judgment against the owner, that should be included in the notice. If the...
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