When you purchase a home in Phoenix, it can be a big step toward building a bright future for yourself and your loved ones. If that home is part of an HOA, however, such as homes in Western Enclave or Ravenswood, it is important to be aware of your rights should your HOA threaten you with foreclosure. A Phoenix HOA foreclosure rights lawyer is here to help protect you and your home should any legal complications arise.
Since 2003, Harper Hall PLC has been fighting to uphold the rights of homeowners across the state of Arizona. We understand how scary it can be when your homeowners association or condo association threatens to foreclose your property. Don’t wait until the last possible moment to reach out. Instead, you need to hire an HOA foreclosure rights lawyer as soon as you learn about your HOA’s intention. We may be able to obtain a court order or delay the sale.
In Arizona, nearly one-third of the population lives in an area under the authority of a homeowners’ association. Arizona also boasts one of the highest numbers when it comes to HOA fees, at roughly $448 per month per household.
When a homeowner allegedly fails to make these required payments, an HOA has the legal right to foreclose the home under specific circumstances. However, they are only allowed to do so if they follow the correct legal procedure.
In Arizona, HOAs have been able to foreclose on a home if the unpaid fees total at least $1,200 or if the unpaid fees are at least one year past due, whichever situation comes earlier. However, not all cases are this straightforward. If your HOA claims that you owe more than the threshold of $1,200, they cannot tack on things like collection fees, lawyer fees, or late fees in order to reach the required amount to begin the case.
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However, there are certain changes coming to state law. Effective September 26th, 2025, the threshold of delinquent fees will be updated to $10,000 in total or unpaid fees, which are at least 18 months due. It is important to keep in mind that the assessments are only for your monthly dues and do not include items like penalties or fines for any violations of governing rules or documents established by your HOA.
You may be able to avoid or stop an HOA home foreclosure through the following options:
If your homeowners’ association is threatening to foreclose your property due to an alleged failure to pay your HOA assessments, you need to contact Harper Hall PLC as soon as possible. Too often, we meet people who have a foreclosure sale coming up within days and hope to prevent the sale from happening. Don’t wait until the last second. Instead, reach out to our offices today and see how we can help protect your rights as a homeowner in Arizona.
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