Mesa HOA Lawyer

HOA Attorney in Mesa, AZ

Your home should be your sanctuary, but it can feel like a nightmare when you have a homeowner association (HOA) overstepping its legal bounds. If you think your HOA has acted outside its legal abilities, you need a Mesa HOA lawyer to make sure your rights are being upheld and to resolve disputes. HOAs are becoming increasingly popular, which can lead to an increase in the number of HOA boards and management companies overreaching their power.

Hire an HOA Lawyer

When you hire an HOA lawyer, you don’t want one who handles HOA cases as part of a broad range of practice. At Harper Hall PLC, we are solely focused on representing homeowners facing disputes with their HOA. With over 25 years of experience in representing Arizona homeowners, our team has a thorough understanding of the complexities of Arizona real estate laws. We can help you make informed decisions and resolve disputes.

Mesa HOAs

HOAs were created for the benefit of neighborhoods, allowing residents to pool resources to maintain common areas, such as pools or parks. In return, everyone in the neighborhood agreed to follow certain rules and regulations that promote unity and harmony within the community. The Better Business Bureau recognizes 163 HOAs in Mesa.

In 2024, there were an estimated 370,000 community associations, housing over 77 million residents in the United States. In Arizona, 2.25 million residents resided in community associations.

HOA Laws in Arizona

In addition to their own governing documents, HOAs must abide by federal, state, and local HOA laws. Knowing what these laws are can benefit homeowners living in an HOA neighborhood. Applicable laws include:

• Arizona Planned Communities Act. This defines the structure of HOA communities as nonprofit associations tasked with managing common areas. It also defines how HOA guidelines can restrict homeowners’ use of flags, signs, political activities, and street parking. A recent change provided guidelines for removing rogue board members.
• Arizona Condominium Act. Similar to the Arizona Planned Communities Act, but applicable to condominium communities.
• Arizona Nonprofit Corporation Act. This gives instructions for how nonprofits can be formed and managed. A nonprofit must file Articles of Incorporation with the Arizona Corporation Commission. A registered agent must then be appointed and a board established. The nonprofit must define its purpose, create bylaws, hold meetings, and adhere to specific rules.
• Arizona Civil Rights Act. This prohibits discrimination in the rental, sale, or financing of a house or apartment. It is enforced by the Arizona Attorney General’s Civil Rights Division.
• Fair Housing Act. This offers a myriad of protections for buyers and renters in numerous areas associated with housing, such as refusing to rent or sell, charging a higher rental fee, or restricting which common areas can be used.

If you experience problems with your HOA, you can take measures to seek a resolution. Having an HOA attorney to advocate for your interests could achieve a satisfactory outcome. Your first step to finding a resolution should be to approach your HOA board to request a hearing.

If you cannot reach an agreement with your HOA board, the Arizona Department of Real Estate offers an Administrative Law Judge process to resolve problems out of court. You can also file a civil claim in the Maricopa County Superior Court, located in Phoenix, for complex issues or those not resolved through mediation.

Ways an HOA Attorney Can Help Homeowners

If you are facing problems with your HOA but cannot reach a satisfactory understanding with your HOA board, you might feel that you have little recourse in Mesa, AZ. A knowledgeable HOA attorney can resolve disputes in numerous ways. For instance, they can:

• Review your HOA guidelines and rules for possible solutions.
• Make sure your HOA is operating in accordance with Arizona laws.
• Send a demand letter to determine the HOA board’s willingness to resolve the conflict.
• Arrange mediation.
• Represent you in court.

FAQs

How Much Does an HOA Lawyer Cost in Arizona?

There is no standard cost for an HOA lawyer in Arizona. An HOA lawyer may charge an hourly rate for their services or a flat fee for specific issues. More complex issues typically cost more. It is also more cost-effective to resolve disputes through negotiations or mediation, as court costs can be significant. You can discuss the fee structure during your initial consultation.

What Type of Lawyer Do I Need to File a Claim Against My HOA?

To file a claim against your HOA, you need a lawyer with experience in homeowner association laws and regulations. You might find a lawyer with experience in real estate law or civil litigation, but a lawyer who specifically focuses on HOA laws is more likely to have in-depth knowledge and experience with a range of HOA cases. You also want to look for an HOA lawyer with experience in representing homeowners.

How Do You Resolve a Conflict With an HOA?

One of the most effective ways to resolve a conflict with an HOA is to have a thorough understanding of the rules and governing documents of the HOA. A conflict resolution method should outline how to handle disputes with neighbors or the HOA board. If there are no such methods outlined, gathering evidence and presenting it to the board calmly and professionally should give you a good starting point for handling a dispute.

Contact Harper Hall PLC

Facing an HOA dispute can leave you feeling powerless. Choosing to live in an HOA neighborhood does not mean that you have to forfeit your rights. If you are being unfairly targeted by your HOA, you need strong representation with the experience to challenge the Association’s governing documents. Contact Harper Hall PLC today to schedule your initial consultation.

Mesa, 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?