So, The Special Assessment Failed – Is Judicial Relief An Option?

A special assessment is an assessment that is not contemplated in an association's budget and is collected in addition to the regular assessments. With aging infrastructure throughout our communities, associations are turning to special assessments as an option to pay for their unexpected repairs and replacements. However, there are no statutory procedures in Arizona governing the process for imposing a special assessment. Instead, the association's governing documents will control the right to impose a special assessment and the process to approve the special assessment.

Judicial Relief may be an option

The procedure for passing a special assessment often requires significant membership approval before the special assessment may be imposed. Unfortunately, lack of voter participation and opposition to additional financial obligations (without regard to financial necessity) can stand in the way of the success of a special assessment proposal and an association's