Here is a pattern we see more often than you would expect...

A condominium owner falls a few dollars behind, sometimes because the association raised assessments without telling anyone. The account goes to a collection law firm. The owner keeps sending assessment checks. The checks come back uncashed. The balance grows with late fees, collection charges, fines, and attorneys’ fees no court has awarded. Eventually, the association sues to foreclose, and the complaint recites that the owner “failed to pay.”

The owner did not fail to pay. The owner was refused. And Arizona law has quite a bit to say about that. 

HOA fines can feel sudden, unfair, and overwhelming—but you don't have to face them alone. From missed approvals to garden décor, anything can trigger a violation. The good news? Arizona law gives homeowners clear rights; many HOA fines don't hold up. Knowing how (and when) to fight back can make all the difference whether you've been cited or threatened with legal action. Here's what you need to know—and why having an experienced HOA attorney on your side is a smart first move.

In Turtle Rock III Homeowners Association v. Fisher, 243 Ariz. 294, 406 P.3d 824 (October 26, 2017), Division One of the Arizona Court of Appeals held that homeowners associations are prohibited from imposing and collecting fines or penalties if the HOA did not have a valid, published written fine penalty policy. The absence of such a policy was per se unreasonable and, as such, the fines were unenforceable.