HOA Disputes
Charges can be filed against your Association in state, administrative, or local courts of limited jurisdiction, depending on the type of dispute and action you seek.
Homeowners Association Law (HOA)
Our experienced HOA attorneys can advocate on your behalf. The laws, rules, documents and statutes that involve homeowners associations are confusing and complex. The Tyler Allen Law Firm can help you navigate the legal system, negotiate with the Court and your homeowners association, and resolve your HOA disputes. We will fully explain the law, determine your property rights and interpret easements, and the options that are available so that you can determine what course of action will best meet your needs. We recognize how important it is to talk with your lawyer, so we make ourselves available when you need us. We will do our best to return your call or e-mail within 24 hours.
To schedule an initial consultation with a dedicated Phoenix HOA law attorney, please call 602-456-0545 or contact an Arizona HOA lawyer online using the form on this page.
Fines, Penalties and Assessments
Your HOA can sue you for unpaid or delinquent assessments, enforcement for noncompliance of rules or regulations, or judicial foreclosure.
Records Request
Members of an association get request copies of relevant records such as assessment information, financial statements, corporate documents, and a member list.
Filing and Defending Lawsuits
Depending on the type of dispute you have with your association, you have different avenues to seek legal recourse or negotiate relief.
Open Meetings
Members of a planned community or condominium association are entitled to know about and attend meetings of the association.
Emotional Support and Assistance Animals
Homeowners may be entitled to variances from certain pet restrictions within the community based on a disability for their support or assistance animal.
Reasonable Accommodations
Members can request reasonable accommodation from their HOA based on a disability.
Evaluating Risks and Addressing Conflict When it comes to Homeownership and Your HOA
When it comes to your HOA and homeownership it is not uncommon for your association to fall short of meeting its responsibilities. The association’s responsibilities are laid out in the covenants, conditions and restrictions, otherwise known as CC&R’s. It is advisable for homeowners living in a planned community to read the CC&R’s that govern their neighborhood to fully understand who is responsible and what they are responsible for.
When a homeowner association does not uphold its responsibilities and a resolution is not agreed upon between homeowners and their association, a complaint can be filed with the Arizona Department of Real Estate or a county superior court. Tyler Allen Law Firm attorney, Anjali Patel was asked to weigh in on such a case when flooding led an Arizona couple to sue their homeowner association. To read Anjali’s comments, follow the link.
“Homeowners associations are only as responsible as the homeowners make sure they are.”
Protecting What Matters to You-Your Home and Assets
Now more than ever people are needing their homes to be much more than just their personal space. Homes have now become workspaces, schools, gyms, and more. If you live in an HOA, there maybe rules that dictate what you can and can’t due to your home and in your home. Navigating these rules can be difficult for the traditional homeowner to understand and may require the assistance of a legal expert.
Questions homeowners may have include:
What are my rights as a homeowner?
How can the rules that govern my neighborhood be interpreted?
What can the HOA sue me over and what can’t they sue me over?
What happens if I don’t follow my HOA’s rules?
What can I do if an amendment to my HOA is being considered and this amendment may negatively affect me?
Anjali Patel, a solutions-based attorney and community advocate has helped countless homeowners navigate the rules of their communities. Her goal has always been to provide affordable counsel and avoid costly litigation. If you’re in need of a legal advocate contact Anjali by filling out the form on this page or calling her law office at (602)456-0545. You can also connect with Anjali on LinkedIn by clicking this link.
“The most rewarding part of my job, is ensuring the client is left in a better place than when I met them.”
Anjali discussing the ever changing housing industry with COLLABORATIVE CONNECTION’S host Kelly Lorenzen and Sponsor KLM CONSULTING
Homeowners Association Law in Arizona
An HOA is a homeowner’s association. These can include condos, townhomes, single family homes, subdivisions, mixed use and retail developments. Homeowner Associations have a duty to keep common area reasonably safe and in good repair. They also must protect their members from reasonably foreseeable harm. In Arizona, there are two main types of HOAs that are subject to specific state legislation: Planned Communities and Condominium Associations. These entities are also subject to federal, state, municipal, county, or other local laws as well as their own governing documents.
Planned Communities
In planned communities, each homeowner, member, or individual owns a separate lot, parcel, or resident. The planned community may also have common areas owned by the Association, not the owners. All planned communities in Arizona are subject to The Arizona Planned Communities Act, or Title 33, Chapter 16 of the Arizona Revised Statutes. It’s important to know what type of HOA you live in and what statutes or rules govern that entity.
Master Planned Communities
Did you know you can be a member of more than one association? Some HOAs are members of a larger Master Planned Community or development. This means you could owe dues, or assessments, to more than one entity and be subject to more than one set of rules for your community.
Nonprofit Associations
In Arizona, most HOAs or homeowner’s associations are registered nonprofits (aka non-profit corporations, not for profit corporations, or nonprofits) through the Arizona Corporation Commission. Registered nonprofits in Arizona are subject to the Arizona Nonprofit Corporation Act, or Title 10, Chapters 24-40 of the Arizona Revised Statutes.
Management of a Homeowners Association
Some HOAs are self-managed and some HOAs are managed by a professional management company. If your HOA has a manager, you can ask the manager for copies of relevant rules, governing documents, payment portal information, or more information about specifics for your HOA.
Governing Documents
Like other corporate entities, an HOA may have “governing documents” such as the plat, a Declaration of Covenants, Conditions, and Restrictions (aka CCRs, CC&Rs, CC&R), bylaws, articles of incorporation, rules and regulations, architectural rules or standards, and design guidelines, which govern the operation, management, and administration of the homeowner’s association, as well as its board of directors, and members or homeowners. These documents create obligations for both homeowners and the associations.
Where can I find my Community’s Governing Documents?
Many of these documents could be disclosed to you when buy your home. Some of these documents, such as CC&Rs are recorded, along with any amendments made to them. Documents such as Articles of Incorporation can be amended as well, and these documents are often on file with the Arizona Corporation Commission. Other documents may be posted in common amenities such as a clubhouse, accessible through a homeowner member portal or on your HOA’s website, or copes can be obtained by asking your HOA’s manager or submitting a records request.
Why are Governing Documents Important?
In Arizona, some documents, such as the CC&Rs are considered contractual agreements between the HOA and the homeowner or member. Failure to adhere to these contract, or breaches of contract, can create costly disputes between the parties. These disputes can be litigated in court. In Arizona, the winning party in a court dispute can be reimbursed for their attorney’s fees.
Fines, Penalties, and Assessments
Homeowners have monetary obligations to their HOAs, which can include fines, penalties, and assessments. Each of these types of charges should be coded differently on your HOA statement and different laws apply to how each is treated.
Fines
Some associations use fines and penalties to get homeowners to comply with rules and regulations. These fines can vary by community and could relate to parking issues, weeds, trash, holiday lights or decorations, paint, repairs, dead plants, changes to the property, etc. Homeowners should receive written notice of a violation and can request notice and opportunity to be heard before a fine is levied against them. You may be able to request additional time to make the changes or cure the violations. In Arizona, recorded liens against a homeowner cannot include unpaid fines and penalties. However, homeowners associations can file a lawsuit against you to enforce the community’s rules and regulations and payment of fines and penalties. See A.R.S. §§33-1803 and 33-1807 (planned communities) or A.R.S. §§33-1242 and 33-1256 (condominiums).
Monthly, Quarterly, Regular and other Assessments
In Arizona, homeowner’s associations have an automatic lien on your property for any delinquent assessments. See A.R.S. §33-1807 (planned communities); A.R.S. §33-1256. An HOA can foreclose on your property (a “judicial foreclosure”) and pursue a sheriff’s sale in order to recoup these delinquent amounts as well as the association’s attorney fees if the homeowner does not pay assessments. These foreclosures are done subject to any primary mortgage on the home. Foreclosures for assessment liens apply to amounts brought to court within 3 years, but homeowners can also be sued personally for up to 6 years of unpaid assessments and attorney’s fees. Other grievances against the HOA generally will not remove a homeowner’s obligation to pay these assessments. Resolving these cases informally and as early as possible can help protect you from unnecessary fees and costs associated with these lawsuits.
Special Assessments
Homeowners Associations can also levy special assessments for specific projects to homeowners. These are generally a one-time fee or fixed amount to fund a repair or special project. HOAs must follow their governing documents and state laws with respect to the specific procedure for introducing a special assessment, voting on the assessment, and collecting payment.
Architectural Rules, Regulations, and Design Guidelines
HOAs can impose other rules and regulations on communities to promote a general look or feel, aesthetic, or visual harmony for the community. Sometimes these include specific exterior paint and trim colors, front yard landscaping requirements, limitations or specific species of plants or trees, weeds, times of the year holiday décor or lights are permitted, restrictions on outdoor gatherings, or yard sales, display of signs, etc. Rules can also apply to the process for obtaining a permit or variance to perform construction or landscaping improvements on the property.
Federal and State Laws
Homeowners associations are obligated to keep its areas accessible to all members regardless of impairment or disability. HOAs are subject to federal and state laws to prevent discrimination or harassment (including third party harassment in some cases) on the basis of a person’s race or color, religion, sex, national origin, familial status, or disability. These requirements are based on both federal and state law such as the Americans with Disabilities Act (ADA), Federal Fair Housing Act (FHA), the Arizona Civil Rights Act (ACRA)fair housing, and the Arizona Fair Housing Act (AFHA). See 42 U.S.C. § 12101, 42 U.S.C. § 3601 A.R.S. §41-1401; A.R.S. §41-1491.
Service Dogs, Assistance Animals, Emotional Support Animals
In communities with pet restrictions, homeowner members with a disability can request a reasonable accommodation from the HOA’s rules regarding pets to allow the homeowner full and fair enjoyment of their own home or unit. It’s important to know what you have to disclose to your homeowners association in order to obtain a variance from community rules and regulations as well as what reasonable accommodations you can request in order to keep an assistance animal on your property.
Reasonable Accommodations
Homeowners and members can also request other types of reasonable accommodations based on a disability from HOA rules, policies, practices, regulations or other requirements such as parking, wheelchair ramps, group homes, construction elements, grab bars, accessibility. It’s important to know what information is necessary and what pertinent regulations apply before submitting your request for a reasonable accommodation in writing.
Open Meetings
Members have a right to attend homeowners association meetings and ask questions. HOA meetings are subject to specific open meeting laws depending on the type of homeowners association. See A.R.S. §33-1804 (planned communities) and A.R.S. §33-1248 (condominiums). All meetings of the association, board of directors, and regularly scheduled committee meetings are open to members and must be noticed properly. Attending members of the meeting should also be provided access to an agenda for the meeting. The executive session of board meetings is not open to the public or HOA members. Members can also designate a representative to attend and speak on their behalf at a meeting.
Records Requests
Members can ask for documents and records that the association keeps, know how assessments are being used and access financial information, and obtain copies of important documents. Homeowners or members of an association can access specific information from the association by making records requests for information pursuant to Arizona Revised Statutes §33-1805 (planned communities) or §33-1258 (condominiums) as well as Arizona Revised Statutes §10-11601. Type of records request include accounting records, meeting minutes and official records, records of actions taken, a member list, articles of incorporation and amendments in effect, bylaws and amendments in effect, resolutions by the board of directors, written communications to members, financial statements, names of all directors and officers, and annual reports.
Disputes with your Homeowners Association
If you have a dispute with your HOA, you may choose to resolve it informally. Depending on the issue and appropriate jurisdiction, you may also pursue relief through an administrative agency, with a federal or state agency, or though justice court or superior court.
Filing and Defending Lawsuits
In 2016, the Arizona Legislature granted the Arizona Department of Real Estate (aka AZDRE or ADRE) authority over the HOA Dispute Process. Homeowners can submit a petition to the Arizona Department of Real Estate to request a hearing on a potential issue with their HOA and pay a filing fee. If the petition is accepted by the Arizona Department of Real Estate, it will be referred to the Arizona Office of Administrative Hearings (aka OAH) and scheduled for a Hearing Date. It’s important to know what type of cases can be considered in a petition to the ADRE, what relief an administrative court can provide, and what relief may be outside the agency’s jurisdiction.
Arizona Justice Courts
Every county in Arizona has one or more Justice Courts. Each is presided over by an elected Justice of the Peace. Justices of the Peace are usually elected for four year terms. Justice Courts are courts of limited jurisdiction. In other words, not all types of cases can be filed in Justice Court. In civil cases, Plaintiffs must seek a maximum of $10,000 to file in Justice Court. Justices of the Peace cannot grant injunctive relief and cannot hear cases outside their jurisdiction. It’s important to understand the geographical jurisdiction and subject matter jurisdiction of each Justice Court as well as what procedural rules apply to these types of lawsuits, before filing a lawsuit.
Arizona Superior Courts
The Arizona Superior Court is a court of general jurisdiction. Each county in Arizona has one or more specific locations for the Arizona Superior Court. Each county has at least one Superior Court Judge. Different procedural and evidentiary rules apply to each division of the Superior Court, e.g. criminal, family, civil, probate. Cases can be filed and filing fees can be paid online. It’s important to understand what procedural rules apply as well as your obligations as a named party before you file a case in Superior Court.