The Foothills Community Association· Phoenix, Arizona
Our initial scan found 3 potential issues in your governing documents.
We checked the 3 public PDFs on The Foothills Community Association’s website against current Arizona and federal HOA law—and more issues may exist depending on the documents you load.
✓CC&Rs / Declaration✓Rules & Enforcement Policies✓Association Bylaws+ Add up to 10 PDFs in Full Analysis
“Enforcement of Monetary Penalties as Assessment Lien — The Board of Directors shall have the right to levy reasonable fines against an Owner for any violation of this Declaration, the Design Review Guidelines, or the Rules and Regulations.”
Why It’s Flagged
A.R.S. § 33-1807(A)
Under the Arizona Planned Communities Act, A.R.S. § 33-1807(A), an association's statutory lien applies only to assessments, late charges for assessments, and collection/attorney fees related to assessments.
The statute expressly provides that fees, charges, late charges, fines, and interest charged after the notice of opportunity to be heard for non-assessment violations are NOT enforceable as common expense assessment liens against the lot.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Article IX, Section 9.4 to conform with A.R.S. § 33-1807(A) prior to board adoption.
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
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