Rights of Persons in Homeowner Associations Rights of persons in homeowner associations – In Arizona, homeowners who live in communities with homeowner associations (HOAs) have both individual rights and responsibilities as well as collective rights and responsibilities.
Individual Rights
Individual Rights Individual rights of homeowners in Arizona include the right to use and enjoy their property, the right to sell or lease their property, and the right to make changes to their property as long as they comply with the HOA’s covenants, conditions, and restrictions (CC&Rs).
Collectively, homeowners in an HOA have the right to participate in HOA meetings and vote on matters affecting the community, the right to access and inspect HOA records, and the right to have a voice in the HOA’s decision-making process.
HOAs also have the responsibility to enforce the CC&Rs, maintain common areas, and provide services as outlined in the CC&Rs. Homeowners have the responsibility to pay HOA fees, comply with the CC&Rs, and maintain the appearance of their property.
In Arizona, HOAs are governed by state law and the CC&Rs, and disputes between HOAs and homeowners are typically resolved through the HOA’s internal dispute resolution process or in court.
Service Dogs
Disabled individuals with service dogs have the right to access public places with their service dogs, as granted by the Americans with Disabilities Act (ADA). This includes restaurants, stores, hotels, and public transportation. Service dogs must be trained to perform specific tasks related to the person’s disability and can not be excluded based on breed or size.
Businesses can only ask if the dog is a service dog and what task it performs, but cannot ask for documentation or certification. It’s important to note that service dogs are not considered pets, but rather working animals and should not be treated as such. Service Dogs
Can an HOA refuse access to Service Animals in their clubhouse?
No, under the Americans with Disabilities Act (ADA), a homeowner association cannot refuse access to a service dog at the clubhouse. Service dogs are considered to be assistive devices for individuals with disabilities and are protected by federal law. The clubhouse must make reasonable accommodations for individuals with disabilities, including allowing them access with their service dogs.
When can a business or association ask a service animal to leave the premise?
A business or association can ask a service animal to leave the premise if the animal is not under the control of the handler, or is out of control and the handler does not take effective action to control it. Additionally, if the animal is not housebroken, the business or association can also ask for it to be removed. However, service animals must be allowed to accompany their handlers in all areas of the business or association where customers are generally allowed.
This information is provided by the Scottsdale AZ Real Estate team for educational purposes.
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