Living in a home with a homeowners’ association is incredibly common for Arizona homeowners. However, despite its normalcy, homeowners’ association rules can be complex and confusing. Many homeowners ask, “Can an HOA charge late fees and interest on unpaid dues in Arizona?”
Hire an HOA Lawyer to Protect Your Rights as an Arizona Homeowner
When dealing with the complexities of homeowners’ association rules and Arizona law, you shouldn’t have to face HOA problems alone. Harper Hall PLC has spent decades helping home and business owners throughout Arizona understand their legal rights.
We’ve dedicated our professional lives to representing homeowners during difficult HOA cases. Let our skilled team of attorneys help you during this challenging time in life so you can move forward with confidence.
Arizona HOA Laws
Arizona continues to be a place where many United States citizens flock to for warm winters and idyllic sunny summers. In 2025, the cities in Arizona with the most growth included Queen Creek, Maricopa, Marana, and Apache Junction.
In 2024, there were 3,299,178 housing units across Arizona, with 68% being occupied by the owner. These homeowners often live in communities managed by homeowners’ associations. In 2024, the average home value in Arizona was $426,000. An HOA helps maintain the property value of a community, as well as enforce covenants, conditions, and restrictions within the community. In theory, having an HOA can add value to a property.
The HOA is managed by a board of directors who live in the neighborhood and volunteer to serve a term. Generally, board members are elected to their positions. Other responsibilities of an HOA are listed below:
- Collect dues from homeowners within the community
- Notify and fine homeowners who break the rules of the HOA
- Maintain common areas, such as front entrance landscaping, and upkeep and maintenance of the neighborhood pool
When you buy a home that is a part of an HOA, the rules surrounding the community apply to your home and must be followed. To fund the HOA and its services, homeowners must pay monthly fees. If you don’t pay or miss a payment, the HOA can send you a notice about overdue fees.
HOA Laws Surrounding Late Fees and Interest on Unpaid Dues in Arizona
Arizona has notoriously high HOA fees. In 2023, the state had the second-highest HOA fees in the country, with an average of $448 per month for Arizona homeowners.
According to Arizona HOA laws, after 15 days of nonpayment of HOA dues, a homeowner’s association can tack on a late fee of up to $15. The 15-day timeframe is the default rule, unless an HOA’s bylaws specifically mention otherwise. The $15 late fee, or 10% of what you owe, whichever amount is higher, goes towards outstanding dues or any interest overdue payments have accumulated.
Enforcement of Late Fees and Unpaid Dues
In Arizona, homeowners’ associations are allowed to enforce further punishment towards those who have unpaid HOA dues beyond fees. Your HOA can legally place a common expense lien on your home if you fail to pay your dues. If the HOA doesn’t exercise its rights to enforce payment, the lien can expire after six years.
A lien is a legal claim over your property held by the HOA if you are in debt to the HOA. When a lien is placed on your home, the lien takes priority over most other types of debt, except your first mortgage, property taxes, and liens placed before the HOA lien. When you buy a home within a community with an HOA, you automatically agree to potential future liens on your property.
Until the debt is paid, a lien remains on your home and prevents it from being sold or refinanced. A homeowners’ association can even foreclose on your home for failure to pay off your HOA debt for 18 months or if the owed amount is more than $10,000.
A lien can include the items listed below:
- The cost of the unpaid dues
- Late fees
- Attorneys’ fees, if applicable
If you find yourself in this type of situation, it’s important to hire an HOA lawyer to help you understand your rights as a property owner and the legal avenues you can take in your unique situation.
Why Choose Us?
At Harper Hall PLC, our lawyers represent property owners during various types of HOA and neighborhood disputes. We help our clients understand their legal rights and Arizona laws surrounding homeowners’ associations. Our past successful cases and satisfied clients are a testament to our dedication and skill.
FAQs
Will a Lien Still Be Placed on My Home Even if I Pay Off the Debt in Installments?
Yes, a lien can still be placed on your home, even if you’re working to pay off the debt in installments. Your HOA doesn’t have to legally record the lien either; it is automatically placed when you miss a payment. Once the lien is placed, your HOA has six years from the due date to enforce the lien.
How Can an Arizona HOA Attorney Help Me?
An Arizona HOA attorney can help you through every stage of the legal process. They can help you decide on the right legal options for your circumstances and represent you during official legal proceedings. A good Arizona HOA attorney can communicate on your behalf with your HOA and help with legal compliance during official filings and throughout your HOA case.
When Can My HOA Foreclose My Home?
In Arizona, your HOA can foreclose on your home when you’ve been delinquent for 18 months, or you owe over $10,000, whichever comes first. However, the homeowners’ association has to offer a payment plan before choosing to foreclose on your home. It’s important to work with an attorney if you’re struggling to pay your HOA unpaid dues. They can negotiate with the HOA on your behalf to find a resolution and explain your rights as a homeowner.
How Do I Stop an HOA Foreclosure in Arizona?
In Arizona, there are a few ways you can work to stop an HOA foreclosure on your home. The easiest way is to pay your delinquent fees. You can work with an attorney to negotiate a payment plan with your HOA. Your lawyer can ask the homeowners’ association to reduce the debt, as well as help you file for bankruptcy in serious cases. It’s always a good idea to seek legal counsel before proceeding.
Connect with an Experienced HOA Attorney for Complex HOA Disputes
Being a homeowner comes with unique and unprecedented challenges. With almost three decades of experience working with clients across Arizona, the HOA attorneys at Harper Hall PLC have the resources you need to succeed in your case. We can help you navigate your legal case with confidence. Reach out to our Gilbert office and schedule a case evaluation to discuss the full details of your situation.
