HOAs are formed to ensure a certain quality of life within a specific community and to help build and preserve property values. HOAs are responsible for enforcing the community’s regulations and rules. If you disagree with the interpretation of certain rules or feel you are being unfairly treated, it may be prudent to discuss your issue with a Glendale HOA lawyer.
In Maricopa County, your home is likely to be located in one of the many residential developments that include Acacia Crossings, Cobblestone Farms, and the Villages at Rancho El Dorado. Management companies oversee the operation, charging various fees and offering different amenities. Nearly one-third of Arizona homes fall under an HOA.
Unfortunately, an HOA may not always act in the interest of all homeowners. The lawyers at Harper Hall PLC are well-versed in all aspects of state and federal HOA law. Over the past 25 years, our team has helped many HOA residents address disputes and reach favorable outcomes.
If you purchase a home within an HOA, you will automatically become a member. You should be provided with a copy of the HOA’s bylaws and Declaration of Covenants, Conditions, and Restrictions (CC&Rs). These documents describe how the HOA is governed.
An HOA member is required to pay fees that are typically due monthly. These fees typically cover the costs of maintaining common areas. HOAs are expected to maintain community standards and preserve property values. If an HOA oversteps its boundaries or fails to act responsibly, it can lead to legal conflict. Homeowners have a right to be treated fairly by their HOA. An HOA should:
After your offer to buy a home with an HOA is accepted, you will receive a copy of the bylaws and CC&Rs. It is prudent to review the information contained in these documents. If there are restrictive covenants you find concerning, you may choose to back out of the purchase contract, but if you move forward with the purchase of a property located in an HOA you will be bound by its rules. Common examples of restrictive covenants encountered in an HOA include:
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If you live in a neighborhood with an HOA, you may encounter a problem. Some disputes arise from misunderstandings, while others are more serious legal issues. Common disputes in planned communities often include:
If you are in a dispute with your HOA, it is essential to document all communication with the board. You may want to request a hearing with the board in Glendale. You should conduct all communication in writing and keep copies for your records.
If you and the board cannot reach an agreeable solution, you may need to file a legal claim. In Maricopa County, many HOA cases are heard in Superior Court. The Superior Court is located at 201 W. Washington St., Phoenix, Arizona.
To win a fight with your HOA, it is critical to document everything. As soon as an issue arises, you should begin documenting events, compiling copies of all communications, and keeping receipts and canceled checks for any incurred costs. You should gather copies of the HOA’s bylaws and covenants, conditions, and restrictions (CC&Rs). This paper trail can be important in settling the HOA dispute.
Yes, you can file a legal case against your HOA. There are certain duties and obligations that an HOA is required to perform, outlined in governance documents and state and federal laws. A breach-of-contract case can be filed if the HOA fails to properly maintain the common areas. A breach-of-fiduciary-duty case can be filed against board members if they misuse community funds. Violations of federal and state laws can also form the basis of a case.
The most common and complained-about HOA violations typically deal with property maintenance. An HOA may cite a homeowner for property maintenance issues, including exterior upkeep and landscaping. Common examples include weeds and overgrown grass; damaged siding and peeling paint; and visible clutter and trash cans.
These violations affect the community’s aesthetic appeal and violate HOA regulations. A HOA may elect to issue a warning or levy a fine against the homeowner.
The cost of an HOA lawyer is not fixed. The complexity of the case will be a key determinant of the cost. The lawyer’s experience and reputation will also influence the cost. An experienced lawyer may be able to resolve legal matters more effectively, saving money in the long term.
HOA law can be nuanced and complicated to navigate. If you are in a dispute with your HOA, you need an experienced attorney who can explain your legal options and help you achieve a favorable outcome. The team at Harper Hall PLC has a deep understanding of Arizona and federal HOA laws. Contact the office to learn how we can help.
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