If you’re one of the many Arizona homeowners who live in an HOA, condo association, or other community association, it’s important to understand the laws and regulations that govern your community. These rules can be complex, and you can always hire an HOA lawyer from Harper Hall PLC to help you understand your rights and responsibilities.
Arizona HOA laws cover many aspects of homeowners’ associations, from their formation and structure to the fines they can impose and the rights of their members. While each association is governed by its own Covenants, Conditions, and Restrictions (CC&Rs), they are all bound by the same national and state laws. Understanding these laws may help you if you’re having an HOA dispute.
Why Choose Harper Hall PLC?
From disputes to legal defense against foreclosure, each HOA case is unique. At Harper Hall PLC, we understand the importance of experienced and compassionate legal assistance in these cases.
For more than 25 years, we’ve helped homeowners across Arizona with various legal needs. We’ve handled HOA disputes, foreclosure cases, and more. We know that what’s most important is understanding your rights and making sure you get the assistance you deserve.
Important Arizona HOA Laws to Know
In the Grand Canyon State, 31.1% of homes belong to an HOA, higher than the national rate of one in five. There are many laws that affect these associations, but here are some of the most influential and commonly referenced:
- Arizona Planned Communities Act. This act governs all planned communities. It sets requirements for their formation and governance, places restrictions on their powers, and more. It is a foundational act for HOAs and all planned communities.
- Arizona Fair Housing Act. Parts of this act help protect AZ residents from discrimination in housing, which includes HOAs.
- Arizona Nonprofit Corporation Act. Most HOAs are nonprofits, and some condo associations are as well. This act covers the business side of HOAs, detailing how they must be formed and regulated to comply with state standards.
As state laws, these acts cover everyone in an HOA, whether you live in Phoenix or up north in Flagstaff.
Why HOAs Collect Dues
No one likes paying fees, but most HOAs require dues, or assessments, to be paid monthly. While this is a significant downside of being an HOA member, dues are often essential to the operation of the HOA. As a member, you have a responsibility to pay them on time.
HOAs collect these funds, and both their CC&Rs and the HOA board can determine how they are used. Often, they are put toward maintaining common areas like parks, pools, and community centers. HOAs may also reserve some funds in case they are needed for legal aid, and they can allocate their use for other needs or events.
Without these dues, HOAs would have a harder time maintaining property values. As a member of the HOA, you benefit from these actions. However, HOAs can make errors and overstep their authority. If you think your HOA is charging unfair dues or misusing funds, you may want to consult an Arizona HOA attorney.
Your Rights and Responsibilities as a Homeowner
When purchasing a property managed by an HOA, you become bound by its CC&Rs. That means you have a responsibility to follow the terms set forth in those documents, as long as they are lawful.
Most often, this means adhering to the outdoor maintenance and appearance guidelines. There might be restrictions on the colors of paint you can use or modifications you can make. You are also, of course, responsible for paying your monthly dues.
While 67% of community association residents in Arizona report a positive experience with their association, HOA disputes can still happen. Over 77,000 Arizonans serve as volunteer leaders in community associations, and they sometimes clash with their members.
When this happens, you have a right to legal representation for your dispute, as well as the avenue of administrative hearings if you believe the HOA has violated any laws. An Arizona HOA lawyer can help you understand these options.
FAQs
Can an HOA Foreclose on a Home?
Yes, HOAs do have the right to foreclose on an Arizona home under certain conditions. This occurs when you are unable to pay your monthly dues. Once you have unpaid fees for 18 months, or the unpaid amount reaches $10,000, the HOA can move to foreclosure. Often, there are other options available to prevent you from losing your home.
What Are Typical HOA Violations?
Many HOA violations are small things that often go unnoticed. Certain landscaping choices, paint colors, or home modifications might be against the HOA guidelines. Breaches of noise levels or quiet hours, improper parking, and not properly handling waste bins are other common violations.
Can You Refuse to Join an HOA in Arizona?
No, you cannot refuse to join an HOA in Arizona if it already exists when you buy your home. By purchasing the deed to a property managed by the HOA, you agree to be a part of the HOA and subject to its rules and fees. You may have the right to refuse to join an HOA while it is being formed if you are not already part of one.
Hire an HOA Lawyer for Experienced Help
Schedule a consultation with Harper Hall PLC today to learn more about how we can help you. Based in Gilbert, we help clients anywhere in Arizona. Fighting for homeowners’ rights is what we do, and we’d be happy to explain how we can put those skills to use in your case.
