Process for Appeal of Violation Notice

HOMEOWNERS DUE PROCESS FOR APPEAL OF VIOLATION NOTICE

NOTICE TO ALL HOA AZ HOMEOWNERS: You have due process rights for an alleged violation notice. You can also contact the AZ Department of Real Estate, HOA Division – 602-771-7700, 100 N. 15th Ave. Suit 201 for assistance for an administrative hearing with the AZ Dept. of Real Estate.

Homeowners have an avenue to fight against and stop HOA AND HOA BOARD abuse with the right to a due process hearing to dispute an alleged violation by presenting your documents, statements, and witnesses with your attorney present.

As stated in 2024 Arizona Revised Statutes, Title 33, S33-1242 Any owner who receives a written notice that the condition of the property owned by the owner is in violation of a requirement of the condominium/HOA documents without regard to whether a monetary penalty is imposed by the notice may provide the association with a written response by sending the response by certified mail within twenty-one calendar days after the date of the notice. The response shall be sent to the address identified in the notice.

Within ten business days after receipt of the certified mail containing the response from the unit owner, the association shall respond to the unit owner 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 condominium/HOA 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 unit owner must follow to contest the notice.

Appeal notices may be sent to Statutory Agent at:

Tamarac at Moon Valley
ATTN: Appeal Notice
5250 E Tierra Buena Lane
Scottsdale AZ 85254

It is recommended an informal appeal be presented to the Board prior to presenting a formal appeal. An informal appeal can be made at the monthly HOA Board meeting held the second Wednesday of each month. A notice of where the meeting will take place is sent to all homeowners a minimum of one week prior to the meeting.

Notice of Violation Appeal – Updated May 2025