Land Use & ZoningIntermediateArizona Exam
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 feesCorrect
CAutomatic property tax increase
DADRE license discipline if they are a licensee
Why A civil action by the HOA to force removal and recover fines and attorney's fees Is Correct
Answer B: A civil action by the HOA to force removal and recover fines and attorney's fees
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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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
State-Specific Concepts
DRE Regulation
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