Alleged Violation

Hillcrest Bay Homeowners' Associations

Per the revised Arizona Law (A.R.S. 33-1803) any complaint related to a violation lodged with the Association will NOT remain anonymous. The person lodging the complaint and alleged violation must state his/her first and last name, the date the violation occurred and the provision of the community documents allegedly violated. The law requires that this information must be available to the party who is accused of the violation.

From A.R.S. § 33-1803 Assessment limitation; penalties; notice to member of violation

"D. Within ten business days after receipt of the certified mail containing the response from the member, the association shall respond to the member with a written explanation regarding the notice that shall provide at least the following information unless previously provided in the notice of violation:

1. The provision of the community documents that has allegedly been violated.

2. The date of the violation or the date the violation was observed.

3. The first and last name of the person or persons who observed the violation.

4. The process the member must follow to contest the notice.

E. Unless the information required in subsection D, paragraph 4 of this section is provided in the notice of violation, the association shall not proceed with any action to enforce the community documents, including the collection of attorney fees, before or during the time prescribed by subsection D of this section regarding the exchange of information between the association and the member and shall give the member written notice of the member's option to petition for an administrative hearing on the matter in the state real estate department pursuant to section 32-2199.01. At any time before or after completion of the exchange of information pursuant to this section, the member may petition for a hearing pursuant to section 32-2199.01 if the dispute is within the jurisdiction of the state real estate department as prescribed in section 32-2199.01."