Gilbert HOA Foreclosure Rights Lawyer

HOA Foreclosure Rights Attorney in Gilbert, AZ

If your home is part of a homeowners’ association, you’re likely aware of the monthly dues you have to pay as part of the association agreement. When these fees, or assessments, aren’t paid on time, your HOA automatically places a common expense lien against your property. They may even have the right to foreclose on that property. A Gilbert HOA foreclosure rights lawyer can help you navigate this situation.

Harper Hall PLC: Experienced HOA Attorneys

The team at Harper Hall PLC has handled HOA foreclosure cases of all varieties. With almost three decades of experience representing homeowners, our team is prepared to fight for your rights.

We understand the difficulty that comes with being unable to make payments on time, and we don’t want you to lose your home. You have options to prevent foreclosure, options that we can help you understand. Whether you’re a member of the Springtree HOA or Avonlea HOA, or any of the dozens of other homeowners associations in Gilbert, we’re ready to assist you.

When an Arizona HOA Can Foreclose

Unfortunately, foreclosure filings have been on the rise during the 2020s. They more than doubled between March 2021 and March 2022, and have continued to be high, with over 35,000 filings in August 2025. While most of these stem from failure to make mortgage payments, HOA foreclosure actions are also on the rise.

In Arizona, an HOA can foreclose on a single-family home property with overdue fees when the amount of unpaid fees meets or exceeds $10,000 or when dues have been unpaid for 18 months, whichever comes first. Condominium associations may be able to pursue foreclosure even earlier. Due to this limit, you’re unlikely to be met with a surprise foreclosure. Instead, when your fees first become overdue, your HOA is likely to send you letters or other communication to inform you of late payments.

If you’re unable to pay the overdue fees and they meet the above requirements, the HOA may move to foreclose, but you still have options. You can hire an HOA foreclosure rights lawyer to help you approach your case and understand the options.

Common Defenses Against HOA Foreclosure

If you are unable to reach a payment agreement with your HOA or otherwise settle your debts, you might still have options for a legal defense. A Gilbert HOA foreclosure rights attorney can help explain these to you. These are some common defenses:

• Unsanctioned dues. Sometimes, an HOA will charge fees not outlined in its CC&Rs. If you fall behind on these fees, a foreclosure may be invalid.
• Not following the foreclosure law. Arizona statutes place restrictions on the amount of dues you must owe and the amount of time that must pass before your home can be foreclosed on. If an HOA does not follow these rules, you can challenge their actions.
• Improper notices. The law imposes strict guidelines on notices that must be provided before turning a file over to the HOA’s lawyer and initiating collection and/or foreclosure action. The failure to comply with these notices may invalidate a subsequent action.

Hire an HOA Foreclosure Rights Lawyer Today

Even if your HOA hasn’t moved to foreclose yet, it’s never too soon to get legal advice. Seeing clients across Maricopa County and the rest of Arizona, Harper Hall PLC has the experience and compassion you need. Our team is dedicated to advocating for the rights of homeowners and helping them keep their homes. Contact us now to find out how we can support your case.

Gilbert, AZ HOA Foreclosure Rights Resources

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• Arizona Homeowner Rights Against An HOA
• Can An Arizona HOA Prohibit Short-Term Rentals?
• Can You Sue An HOA In Arizona?