If you live on property that is a part of a homeowners’ association (HOA), it’s helpful to understand Arizona HOA laws and how they can affect your life. This is especially important when navigating disputes with your homeowners’ association. For example, you may be wondering, “Can I sue my HOA board of directors for breach of fiduciary duty in Arizona?”
The short answer to this question is that individual homeowners usually cannot bring claims for breach of fiduciary duty against HOA’s or members of the Board of Directors in Arizona. While members of the Board do owe fiduciary duties to the Association, it is procedurally very difficult for individual homeowners to pursue such claims, but there are other avenues of relief if you believe the Board is not adhering to its duties.
An Arizona HOA attorney can navigate Arizona HOA laws pertaining to breach of fiduciary duty or other cases involving homeowners associations and condominium associations. Harper Hall PLC can pursue a fair resolution for your case.
Arizona HOA Laws
There are around 370,000 community associations operating nationwide. In 2024 alone, approximately 21.6 million households in the United States paid either a condo or homeowners association (HOA) fee. Arizona is among the states with the most homeowners’ associations in the nation. HOAs provide several services for property owners in a specific neighborhood.
While HOAs can be highly beneficial for maintaining your property and resolving issues with your home, they can sometimes cause their own problems, too. In some cases, your HOA fails to act in the interest of the community. In others, an individual board member breaches their fiduciary duty to the association. If you encounter these or similar issues, you may have grounds to pursue legal action.
Fiduciary duty refers to how directors, officers, and board members make decisions in service to the HOA. At its core, the main duty of the HOA board members is to act in the interest of the HOA every time. Most HOAs are nonprofit corporations, so the board members serve in a position of trust. This means they must make decisions that benefit the community as a whole. When they do not, they are in breach of their fiduciary duties.
Proving breach of fiduciary duty can be complicated, especially if you’re trying to do everything on your own. It’s recommended that you seek legal counsel from a knowledgeable Arizona HOA attorney. They understand the state’s HOA laws and how they pertain to your situation.
These laws also apply to condominium associations. Arizona condo board members have the same duty of care when acting in the scope of their authority.
Hire an HOA Lawyer to Learn More About Your Legal Rights and Options in Arizona
Your home is one of your biggest investments. More importantly, it’s your sanctuary. When troubles arise with your homeowners’ association, it can impact many aspects of your home life. It’s important that you know how to protect yourself in these situations within the scope of Arizona’s civil laws.
If you are in one of the 875,000 or so homes that are a part of a homeowners’ association, you must adhere to the Arizona HOA laws. However, HOAs must adhere to certain rules, too. If you are facing a dispute with your HOA, you can count on the legal professionals at Harper Hall PLC to seek the right resolution.
With almost three decades of experience working with clients across Arizona, we are confident we can help you with your HOA disputes. If you are ready to discuss your case, contact the office to set up a consultation with a member of our team today. We’re located in the center of historic downtown Gilbert on the corner of Vaughn Avenue and Gilbert Road.
