In Arizona, Home Owner’s Associations (HOAs) are a standard part of buying property in many communities. These organizations are led by volunteer citizens who are elected by members of the HOA. The HOA’s main functions are to enforce the Covenants, Conditions and Restrictions and collect homeowner’s dues. After a homeowner signs an agreement with their HOA before buying into a neighborhood, conflicts with the HOA and its rules can arise. When a homeowner decides the HOA is acting wrongfully, he or she may choose to challenge the HOA. Here is what to expect when you fight your Arizona HOA:
In Arizona, HOA disputes are relatively common. For example, in Tucson, one homeowner is disputing her HOA’s attempt to charge her $500, to have an architect review her plans for a solar panel project and a $1,000 refundable deposit to ensure the installation happens as submitted. In Scottsdale, residents are pushing back against an HOA over the development of a dementia care facility in a planned neighborhood. In a retirement community in Peoria, an 82-year old widow of a veteran is fighting with her HOA about having to cover the painted image of an American flag on her curb due to an alleged violation of a neighborhood covenant.
While HOAs are supposed to exist for the good of the community, there can be times when they overreach or enforce their Covenants, Conditions, and Restrictions unfairly. When a homeowner believes that the HOA is wrong, he or she has the option of taking the HOA (and, in some cases, individual board members) to court. However, homeowners accused of violating a specific covenant or restriction may have a difficult time defeating their HOA. However, if the homeowner can prove the restriction is unfair or not applied to everyone equally, it may be a different situation. Either way, going to court is expensive, and it’s usually better for both sides to meet and work out a compromise if at all possible.
If you are in a dispute with your HOA, we can help you evaluate the situation and determine the best way to reach a resolution. Attorney Laura B. Bramnick is an experienced Arizona real estate attorney who has the expertise to help you problem-solve issues with your HOA. 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.