Anyone who has bought a home in an Arizona neighborhood with a homeowner’s association can tell you that such associations can be a double-edged sword. On the one hand, this mandatory community organization ensures that property owners adhere to specific standards. On the other, the rules they impose and enforce can be the bane of a homeowner’s existence if they fail to strictly comply with the neighborhood’s prescribed requirements. With a reported 9000 homeowner’s associations throughout the state, those buying Arizona residential property are likely to encounter one at some point. Here is what you need to know about understanding your Arizona homeowner’s association.
What do Homeowner’s Associations Require?
When you buy a home in a neighborhood with a homeowner’s association (HOA), you agree to live by specific conditions, covenants, and restrictions. Typically, membership is mandatory, and most of the requirements pertain to maintenance and landscaping. However, each HOA is unique, and there may be other neighborhood-specific rules. You will also have to pay dues to the HOA, and it will have a governing body comprised of area members. The HOAs also have regular meetings and elect officers.
What Kinds of Rules do HOA’s Have?
For those living in a house, HOA’s can dictate items outside of the home such as how high your grass may grow, the color of paint you use on your exterior, the upkeep of your roof, and the types of décor you may have on your property. There may also be restrictions on the types of structures you may have in your yard. For condominium owners, the HOA may restrict how many pets you may have or the use of parking spaces on the premises.
HOA Assessments and Fees
HOA’s charge community residents dues they must pay according to a specific schedule. The amount of these dues varies and can be raised by the governing body. There can also be additional costs which the HOA members can vote to approve. Homeowners can be charged late fees and fined if they violate the HOA’s rules. When a homeowner fails to pay his or her fees, the HOA has the power to take that individual to court to get payment.
If you are having issues with your homeowner’s association, it is critical that you consult with an experienced Arizona real estate attorney to assess your case.
Laura B. Bramnick is an experienced Arizona real estate attorney who has the skills and expertise to advise you regarding your homeowner’s association and figure out your next steps. If you are seeking an exceptional, client-driven real estate lawyer in Scottsdale, Phoenix, Sedona and throughout the state of Arizona, contact Laura B. Bramnick to schedule your consultation.