When you purchase a home in Flagstaff, it is likely that your home is under the governance of an HOA, or a homeowners’ association. The rules, laws, and documents that are involved with an HOA can be complicated and confusing, and if a dispute arises with your HOA, you need someone who understands the legal system. Whether you reside in Anasazi Ridge or the Blue Ridge Estates, a Flagstaff HOA lawyer can protect you and your homeownership rights.
Protect Your Home Ownership Rights with an Experienced HOA Attorney
For over twenty years, the attorneys at Harper Hall PLC have been fighting for the rights of homeowners across the state of Arizona. Our team provides sound legal counsel for all our clients and works to avoid lengthy and unnecessary litigation where possible.
However, when such legal action does become necessary, we are ready to advance your claim and defend your interests. Whether your HOA or condo association has filed a claim against you or overstepped its legal bounds, we are here to help.
Common Issues That Lead to HOA Litigation in Flagstaff
Being part of an HOA in Flagstaff can have several benefits. Roughly 902,000 homes in Arizona are served by a homeowners association and are provided with extra security measures, amenities like fitness centers, playgrounds, and pools, and enjoy the overall high quality of life these organizations tend to offer.
However, homeowners’ associations are not perfect, and they sometimes can overstep their legal bounds, leading to disputes or areas of conflict with residents. At Harper Hall PLC, we are on the side of the homeowner, no matter the nature of your dispute. Since 2003, we have been helping homeowners in the following areas of conflict associated with their HOA:
- Disputes regarding assessment and fees. One of the most common disputes arising between a homeowner in Flagstaff and their HOA is claims of missed or delinquent payments. Arizona sees the second-highest amounts when it comes to HOA fees, at roughly $448 per month, per household. If your HOA is claiming you have not paid fees when you clearly have, or is imposing unjust fees, we are here to help.
- Violation enforcement disputes. The board of directors for your HOA is in charge of enforcing the rules of the association. These rules typically include bylaws and the Covenants, Conditions, and Restrictions, or CC&Rs, of the HOA. However, violation allegations may be invalid or arise from miscommunication. In these situations, the team at Harper Hall PLC is here to ensure your rights are protected.
- Maintenance issues. Common areas, like pools, fitness centers, playgrounds, and clubhouses, need to be properly maintained by your HOA when it is their responsibility to do so. If maintenance is not handled properly, you may be able to seek a claim against your HOA with the help of an experienced attorney.
- Discrimination or favoritism. When the HOA enforces a rule against you, but not against another party, this may be seen as favoritism or discrimination. This is likewise the case when the HOA accuses you of a violation, but does not accuse another party of a violation when they do a similar action. At Harper Hall PLC, we are ready to hold your HOA board accountable for any acts of discrimination or favoritism.
- Pet policies. Pets are sometimes more than just a member of our family. They can be vital to the accommodations necessary for people with disabilities or emotional and mental health complications, so much so that nearly 500,000 dogs work as service animals in the United States.
- If you have reasonable cause for owning an animal, or several animals, that is outside your HOA’s policy, Harper Hall PLC is here to help ensure your rights are protected and your necessary accommodations met.
- Foreclosure. If you have been accused of delinquent assessments by your HOA in Flagstaff and they are pursuing a foreclosure action against you, they can only do so under very specific legal circumstances. At Harper Hall PLC, we are passionate about ensuring you and your home are protected from illegal acts of foreclosure by your homeowners’ association.
- Utility shut-offs. In certain cases, an HOA may try to force payments or fees by cutting off essential services like water or gas. Truly malicious HOAs might also do so in retaliation. At Harper Hall PLC, we believe that no one, even those who have fallen behind on payments, deserves to be cut off from life-sustaining amenities like fresh water or cooling systems, and we are ready to fight back against these illegal tactics.
- Modification or improvement disapproval. At Harper Hall PLC, we are here to represent Flagstaff homeowners against HOAs that have denied their reasonable requests for home improvements, renovations, or modifications. These cases are especially serious when a similar request has been approved for another resident within the same HOA.
Experienced Legal Counsel for Arizona Homeowners
The Importance of HOA Governing Documents
Homeowners’ associations typically have certain government documents in place. This can include bylaws, articles of incorporation, standards or rules for home architecture, and a Declaration of Covenants, Conditions, and Restrictions, or a CC&R. These documents create clear obligations for the homeowner and HOA alike, and it is important that you familiarize yourself with the provisions of these documents.
Usually, these documents are made readily available to you when you go to buy your home. Other documents, such as those related to your HOA’s unique amenities, like a clubhouse or community pool, are typically available online, and you may be able to receive a physical copy by submitting a record request to your HOA.
Hire an HOA Lawyer Today: Contact Harper Hall PLC
Navigating the intricacies of a dispute with your HOA requires an understanding of both your rights as a homeowner and the laws often involved in these cases. At Harper Hall PLC, we have both, and we are ready to serve you. Whatever your dispute might include, we are on your side, not the side of your HOA, and want you to know you are not alone. Contact our offices today to hire an HOA lawyer and see why Harper Hall PLC is the right team to advocate for your rights.
