Some A.R.S. statutes related to planed communities begin with “Notwithstanding any provision.” What does this mean as it relates to whether a planned community’s documents apply or whether the A.R.S. statute supersedes the planned community’s documents?
Secondly, if a member of an HOA bring a complaint against their HOA to the Arizona Department of Real Estate and prevails, does the plaintiff also prevail in getting their $500 filing fee paid for by the losing party, the HOA? What kind of penalties to these administrative law judges place on HOA’s that are found not to abide by their own CC&Rs or for not following A.R.S. relating to planned communities?