NOTICE:  The Board of Directors worked on revising and restating the Desert Hills 3 Articles, By-Laws and CCRs as approved at the Annual Meeting on Feb 6, 2015.  The new documents were approved by the membership at the annual meeting on Feb 27, 2016 and are listed below.

 

The new By-Laws and CCRs have been registered with Pima County. The new Articles of In-Corporation have been filed and approved by the Arizona Corporation Commission as attached: ACC Approval April 2016.pdf 
 
NOTE:  The objective of this exercise was to remove duplication, eliminate contradictions, provide consistency among documents, provide clarity and simplicity of language and document organization and ensure compliance with any revised County and State requirements.   The substance of the documents was not been changed.  

 

• The specific provision of the community documents allegedly violated.
• The date the violation was observed.
• The first and last name of the person who observed the violation.
• The process to contest the notice and the right to a Board hearing.
• Notice of the right to petition for an administrative hearing with the Arizona Department of Real Estate per A.R.S. § 32-2199.01.

• 1st Notice (Courtesy/Warning): A "Notice of Violation" advising the homeowner they have 21 days to correct the issue or respond via certified mail.
• 2nd Notice ($50 Fine): If the violation is not corrected within 21 days, a second notice will be sent assessing a $50 fine. The homeowner has another 21 days to comply or respond.
• 3rd Notice ($100 Fine): If the violation remains, a third notice will be sent with an additional $100 fine and a 21-day compliance window.
• 4th Notice ($200 Fine): A final notice with an additional $200 fine and a 21-day compliance window.

• Right to be Heard: No fine will be finalized without providing the homeowner an opportunity for a hearing before the Board.
• Late Fees on Fines: Late charges on unpaid fines are capped by law at the greater of $15 or 10% of the unpaid penalty.
• Assessments vs. Fines: While accumulated fines can be added to the lot account, please note that under A.R.S. § 33-1807, an HOA cannot foreclose on a property for unpaid fines alone (only for assessments, late fees on assessments, and collection/attorney fees related to assessments).