Gilbert HOA Lawyer

HOA Attorney in Gilbert, AZ

Communities governed by homeowners’ associations (HOAs) have become increasingly popular over the last few years. It can be appealing to live in a neighborhood that prioritizes community and offers well-maintained communal spaces. Living in these communities can offer benefits, but you are required to follow rules established by the HOA board. If your HOA board is not following appropriate guidelines, you may need a Gilbert HOA lawyer to protect your interests.

Hire an HOA Lawyer

Your home is likely your most valuable possession. It’s the place where you can feel completely at ease and build your life. Having an HOA board that improperly enforces bylaws or oversteps its legal boundaries can leave you feeling like you have no option but to move. Before contacting a realtor, hire an HOA lawyer to review your case. At Harper Hall PLC, we focus on helping homeowners combat overzealous HOAs.

Gilbert HOAs

HOAs are organizations created by a community for the purpose of having and maintaining communal areas. They are also tasked with upholding community standards as defined in the HOA’s governing documents. Across the United States, an estimated 370,000 community associations are housing more than 77 million residents. The Better Business Bureau lists 201 HOA communities in Gilbert. In Arizona, 2.25 million live in a community association.

With the increase in the number of new communities forming HOAs, the number of residents living in HOA communities continues to rise. If you are facing a dispute with your HOA in Gilbert, one avenue of recourse is the Arizona Department of Real Estate’s HOA dispute process.

If other efforts do not solve your dispute, you can file a civil claim at one of the Maricopa County Justice Courts for small HOA cases or the Maricopa County Superior Court, located in Phoenix, for larger issues.

Arizona’s HOA Laws

There can be many benefits to living in an HOA community, but HOAs must be aware of and comply with all applicable local, state, and federal guidelines. Even though your HOA should be working to better your community, homeowners should also be aware of which laws apply to their HOA. Arizona HOAs are bound by numerous laws. Some of the most applicable for homeowners include the following:

• The Arizona Real Estate Administrative Hearings Act created a method for residents to resolve disputes with their HOA outside the legal system. This informal process allows for the investigation and mediation of issues.
• The Arizona Planned Communities Act defines a planned community as a nonprofit association to manage communal property for homeowners who have separate units. It also establishes regulations for the use of signs, flags, and parking.
• The Arizona Condominium Act is similar to the Arizona Planned Communities Act, but applicable to condominium communities.
• The Arizona Nonprofit Corporation Act governs nonprofit organizations. For HOAs, it requires filing Articles of Incorporation with the Arizona Corporate Commission, appointing an agent, establishing a board, creating bylaws, and regularly conducting meetings.
• The Arizona Civil Rights Act is a state law that outlaws housing discrimination based on race, ethnicity, nationality, religion, gender, or disability.
• The Fair Housing Act is a federal law that prevents housing discrimination for buyers and renters. In addition to discriminatory buying or renting practices, residents cannot be denied access to communal areas or reasonable accommodations for disabilities. It also prohibits retaliation after a complaint has been made.

FAQs

Is It Worth Filing a Claim Against Your HOA?

It could be worth filing a claim against your HOA, depending on the specifics of your case. If you have strong evidence of violations of the governing documents, you have a better chance of succeeding in negotiations or mediation. Filing a civil claim against your HOA in court can produce a favorable result, but it can be costly. Any action taken against the HOA is more likely to succeed if you have well-documented evidence and proof of the damage caused.

How Do I Win a Claim Against My HOA?

To win a claim against your HOA, you need a skilled HOA attorney to advocate for your rights. You need to know the governing documents of your HOA and how they apply to your specific situation. Keep detailed documentation of the issue and your attempts to have it addressed by your HOA. Seek support from your neighbors if possible. Communicate in writing and through official channels. You may also have to be willing to compromise to find a solution.

How Do You Hold an HOA Accountable?

To hold an HOA accountable, you need to know the rules and bylaws of your HOA. Attend regular HOA meetings and communicate your concerns calmly and professionally. Document what’s happening and collect evidence, such as videos or photos of the issues. If other community members have the same concerns, form a committee to address the issue. If the problems are not addressed, you may need to escalate your concerns to mediation or litigation.

Can My HOA’s Attorney Help Me During a Dispute With the HOA?

When your HOA is represented by an attorney, their job is to provide legal advice and guidance to the HOA board. They are there to make sure the HOA is following applicable federal, state, and local laws. They might advise the board to settle your dispute, but they are not legally obligated to provide you with legal advice. To protect your interests during a dispute with your HOA, you need your own Gilbert HOA attorney to protect your rights.

What Responsibilities Do Board Members Have to Residents of the HOA?

HOA board members have several responsibilities to the residents of the neighborhood. Board members must provide residents with notifications:

• Of all board meetings
• Before imposing fines
• When assessment rates are adjusted
• Of any changes to rules or regulations

HOA boards are also required to disclose meeting minutes, respond to disclosure requests, and provide an annual disclosure of the HOA budget. Transparency is very important in an HOA to ensure integrity and transparency.

Contact Harper Hall PLC

Having a well-crafted argument could be your only option to obtain a favorable outcome in a dispute with your HOA. With over 25 years of experience, our practice, located in Gilbert, has helped Arizona homeowners fight back against overstepping HOAs. Contact Harper Hall PLC today to schedule your initial consultation.

Gilbert, AZ HOA Resources

• Can You Sue An HOA In Arizona?
• What Documents Can I Request From My HOA in Arizona?
• Who Enforces CC&Rs When There Is No HOA In Arizona?
• Who Really Won This HOA Lawsuit?
• Limitations on Arizona HOA’s Ability to Collect Legal Fees
• There Are Limitations On The Fines And Penalties An HOA Can Impose For Violations
• Can An Arizona HOA Prohibit Short-Term Rentals?