Contesting Violation Notices and Enforcement Actions
HOA rules and regulations
Contesting Violation Notices and Enforcement Actions
It’s important to read and understand the rules for the HOA that your home resides within, your rights with regard to any violation notices, and the penalties for non-compliance. Sometimes action is needed within a specific time frame, and the Association may argue that it’s entitled to seek attorney’s fees against you for noncompliance.
Homeowners associations (HOAs), townhome associations, and condominium associations in Arizona routinely send correspondence to homeowners notifying them of a possible violation of the community’s rules. These are usually sent via regular mail, through the association’s management company if the HOA is professionally managed. Sometimes, an association will work with a lawyer to send you a letter about a violation.
A violation letter should tell you a few things. It should specify the rule you allegedly violated, and if applicable, the penalty for that potential violation. First notices of a potential violation may include information about requesting an appeal or opportunity to be heard. They may notify you of a reasonable time frame to address the issue before a fine impose. These letters can also detail prior instances of the same violation. If you don’t have enough information to understand the violation, it’s important to respond quickly and ask for additional information. Doing so can prevent additional enforcement action, further violation notices, and save you expensive fees and penalties in the long run.
Your Association might have a set of community rules, a fine schedule or policy with specific penalties or policies regarding rule enforcement which dictates what they can and can’t charge for and the typical fine for a violation. It’s important to read these documents, any rule changes or resolutions, and your Association’s CC&Rs, Bylaws and Articles of Incorporation in order to understand your rights.
Late penalty payments can also apply to the fine. It’s important to look at your ledger, which is maintained by the association and shows all the payments, penalties, and assessments on your account. You can check your ledger to make sure that the board of directors does not impose a charge for a late payment of a penalty that exceeds the greater of fifteen dollars or ten percent of the amount of the unpaid penalty.
By statute[1], a payment is deemed late if it is unpaid fifteen or more days after its due date, unless the declaration, bylaws or rules of the association provide for a longer period. Any monies paid by a member for an unpaid penalty shall be applied first to the principal amount unpaid and then to the interest accrued. Notice pursuant to this subsection shall include information pertaining to the manner in which the penalty shall be enforced.
You’re entitled to the following information for any notice of a violation:
1. The provision of the community documents that has allegedly been violated.
2. The date of the violation or the date the violation was observed.
3. The first and last name of the person or persons who observed the violation.
4. The process the member must follow to contest the notice
You can challenge a violation notice before the fine is applied to account. Homeowners should respond within 21 calendar days of a date of notice that the condition of the property owned by the member is in violation of the community documents. Any written response should be directed to the address in the notice for the HOA. Within ten business days of your response, you should receive a written explanation regarding the notice.
Unless you have been provided with the above information, the association shall not proceed with any additional action to enforce the community documents.
Homeowners can petition for an administrative hearing on the matter in the state real estate department at any time before or after completion of the exchange of information as described above.
[1] See A.R.S. §§33-1803 and 33-1807 (planned communities) or A.R.S. §§33-1242 and 33-1256 (condominiums).