I have had my vehicle parked in space on the side of my house for the last 7 years. I just received a fine today for having a vehicle parked in a landscaped area. There is no landscape where the vehicle is parked. There are bushes on the east side of the car which belong to my neighbor and encroach upon my property. There are bushes behind the vehicle at the end of my driveway. Can my HOA fine me after 7 years of allowing prior use of this parking area? Please see the attached letter that I received from the HOA along with the CC&R sections referenced in the letter.
Surprise AZ 85374
623(NNN) NNN-NNNNFax(NNN) NNN-NNNN/p>
August 15, 2013
BRIAN & DENICE YOUNG
14356 W ACAPULCO LANE
SURPRISE AZ 85379
: Lot #: 8057 Property Address: 14356 W ACAPULCO LANE
Dear XXXXX & DENICE YOUNG:
This correspondence is being sent to you as an important homeowner or resident in the Royal Ranch community.
During a recent inspection it was noted that a violation of the Royal Ranch HOA CC&R’s that you agreed to abide
by, may still exist on the property. Or, there is a reoccurrence of the same violation within six (6) months of the last
Violation: SECTION 4.15 & 4.17 VEHICLES PARKED IN LANDSCAPED AREAS.
Please remove vehicle from landscape area - (Last observed 8/15/13).
In accordance with Arizona Revised Statues 33-1803 you are hereby notified that your
account has been charged
a fine of $50.00.
To avoid additional fines of $100.00 each, the violation must be corrected and compliance restored
within 10 days of post mark date on the envelope of this letter.
You have a right to be heard regarding the violation charges. If you wish to
appeal the violation, a written
communication addressed to the board of directors must be received within
10 days of the mailing date. You may
forward the appeal to the mailing address, fax number or email address in this letter. The appeal must state the
reason for the requested relief. If the HOA does not receive an appeal from you and the violation continues please be
advised that the HOA may proceed with the necessary "Self Help" with the cost added to your account or other
remedies to obtain compliance of the violation. Remedies may include and are not limited to the assessment of
additional fines or other legal alternatives.
Fines that are
not paid within 30 days of the date of the fine letter may be subject to additional administrative fees.
Please submit payment of the fine mentioned above on the BNC Bank web site - BNCbank.com/hoapay or by check
Royal Ranch HOA, PO Box 64023, Phoenix, AZ 85082. Please ensure the property address or four digit
lot number is XXXXX your payment. Thank you for your anticipated assistance and cooperation in resolving the violation. A
well kept community helps everyone get the full enjoyment from their property.