Buying a home in Tucson is something to be proud of. You have worked hard to get to where you are today and likely find a great sense of joy in calling a place your own. What happens, however, when your local HOA, or homeowners association, oversteps its bounds? You may be dealing with HOA discrimination in Rancho Perdido Estates or facing a dispute regarding unjust fines in Enchanted Hills. A Tucson HOA lawyer can help protect your rights and your home.
For over two decades, the attorneys at Harper Hall PLC have been fighting for the rights of Arizona homeowners who face homeowners associations that operate in unjust ways or who are acting outside their legal bounds.
We understand that your home is most likely your largest investment and asset, and when these assets are placed at risk from a predatory HOA, you need to hire an HOA lawyer with the experience and understanding necessary to protect you, your loved ones, and your home.
There are around 10,200 HOAs operating in Arizona, serving around 902,000 individual homes. HOAs are nonprofit organizations consisting of homeowners who live in a managed community. When you go to purchase a home within an HOA, you are automatically considered a member and have access to all the perks of that HOA. However, you are also typically required to pay certain monthly fees and help fund certain projects.
An HOA can hold many different responsibilities, including serving the interests of the local community, creating and enforcing standards and rules to keep members safe, and managing the funding and spending of local community repairs or projects.
Living in an HOA can have several benefits, like offering stable property values to both residents and potential buyers, establishing a sense of community, and offering several convenient amenities like walking paths, fitness centers, pools, and playgrounds. It can also help mediate conflict resolution between neighbors and help homeowners feel safe from potential crime. However, there can be several drawbacks to living within an HOA as well.
An HOA often operates on a series of rules and regulations. In most cases, these regulations are imposed to maintain a high quality of life for residents, protect the integrity of the community, and keep the neighborhood free from crime. Tucson has a high rate of burglary, larceny, and motor vehicle theft, which is why many people seek homes in protected or gated communities.
While these rules and regulations are important, sometimes a homeowners’ association can overstep its legal bounds and try to enforce rules that are beyond its legal power. It is also possible for an HOA to fall under poor or even illegal leadership or impose unfair dues and fees on residents. When these situations occur, an experienced Tucson HOA attorney can help settle disputes and advocate for your rights as a responsible and upstanding HOA citizen.
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At Harper Hall PLC, we are here to help you in a wide range of common HOA disputes or violations. One of the most common disputes in HOAs is those involving construction. Every individual living within a homeowners’ association is affected by construction. Whether the project involves your home, the private streets, the landscaping, or the recreational areas and pools, your life will likely be affected.
Sometimes, these construction projects can lead to disputes if an HOA oversteps its bounds. At Harper Hall PLC, we are here to help you reach a resolution that is both satisfactory to you and holds an HOA liable for any unlawful actions they have taken or any homeowner’s rights they have violated.
Residents of an HOA in Tucson also have the right to attend all meetings of their HOA board members. These meetings, depending on the type of HOA, are usually subject to open meeting laws. Your presence at these meetings can help you stay aware of any proposed or upcoming changes and can help you hold your HOA accountable for any possible violations.
If your HOA does not make these meetings public in cases where they are legally responsible for doing so, the attorneys at Harper Hall PLC are here to address this violation or misconduct on a legal level. Sometimes, an HOA might try to level an invalid legal claim against you, threaten foreclosure, or impose unjust fines or violations.
They may also raise a fuss when you try to apply for reasonable renovations or modifications to your home. While Arizona does boast some of the highest HOA fees in the country, at roughly $448 a month, if your HOA uses illegal or unlawful methods of trying to collect these fees or any related debts and costs, an attorney from Harper Hall PLC is here to do so. These methods can include the use of false statements or the imposition of illegal or improper fees.
Finally, if you believe your HOA is discriminating against you, we are here to help. This might look like accusing you of a false HOA violation or holding you to a standard that other residents are not held to. This is considered “selective enforcement,” and in these cases, Harper Hall PLC is here to come alongside you and work to protect your rights as a Tucson homeowner.
At Harper Hall PLC, we fight for homeowners, not the HOA. Our team is here to provide you with reliable and strong legal representation and advocacy in fighting against violations or disputes involving your local homeowners’ association. In the past, we have worked to reverse judgments, protect Tucson homeowners, and block unjust foreclosure actions. Let us work to protect you today. Contact our offices and learn more about how we can help you. Our experienced legal team can help you explore the full extent of your legal options. The sooner you engage our team, the sooner we can help resolve your case.
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