Land Use & Zoning
An Arizona property owner who constructs a fence in violation of an HOA's CC&Rs may be subject to:
ACriminal prosecution
BA civil action by the HOA to force removal and recover fines and attorney's fees✓ Correct
CAutomatic property tax increase
DADRE license discipline if they are a licensee
Explanation
CC&R violations are civil matters enforced by the HOA or individual homeowners. The HOA can seek a court order requiring removal of the fence, assess fines, and recover attorney's fees as provided in the CC&Rs and the Planned Community Act.
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