Scottsdale HOA Lawyer

HOA Attorney in Scottsdale, AZ

Homeowner associations (HOAs) offer numerous benefits to the communities they serve, including community maintenance and amenities. However, the broad powers granted to an HOA board can sometimes be misused. If you feel your HOA has made an unfair decision or that you are being targeted by board members, an experienced Scottsdale HOA lawyer can help resolve the issue.

Why Hire an HOA Lawyer?

If your HOA is not meeting its responsibilities in terms of maintenance, demonstrating selective enforcement or overreach of rules, or issuing unfair fines, you may need to consult with a skilled HOA lawyer to protect your rights. Harper Hall PLC has over 25 years of experience representing Arizona homeowners in HOA and real estate-related disputes.

Responsibilities of an HOA

Nearly one-third of Arizona homes fall under an HOA. HOAs are often present in planned communities, condominium communities, and housing cooperatives. HOAs offer a sense of community and promote a consistent look and feel for a neighborhood.

Typically, individuals who purchase a home in a community with an HOA automatically become members of the association. HOAs are overseen and governed by a board that develops the community’s Covenants, Conditions, and Restrictions (CC&Rs) and bylaws. These are the rules residents in the community are expected to follow, and the board will enforce.

An HOA Breach

If an HOA breaches its governing documents (CC&R or bylaws), a homeowner may have grounds to file a legal claim.

Discrimination claims may be filed if the HOA fails to comply with the Fair Housing Act’s standards, fails to provide reasonable accommodations for individuals with disabilities, or enacts rules that discriminate on the basis of religion, sex, race, national origin, or familial status.

Steps to Take to Resolve a Conflict With an HOA

You should gather all documentation related to the dispute. The most salient documents include:

• The bylaws and CCRs of the HOA
• Photographs or video evidence documenting issues relating to property damage and common area maintenance
• Copies of all correspondence with the HOA, including emails, text messages, formal letters, and notices
• Financial records related to personal costs incurred due to the dispute, such as a record of fines that have been paid
• HOA meeting minutes that demonstrate the board’s decision-making process

There are several preliminary steps a homeowner should take before filing a case. You should send a formal letter to the board that clarifies the issue, details the specific duties or rules that have been violated, and outlines your proposed solution in Scottsdale.

Some HOA governing documents may require attending an alternative dispute resolution process, where a mediator or arbitrator will hear your complaint. A mediator or neutral third party may listen to both sides and propose a solution. An arbitrator is also a neutral third party, but their decision is binding.

When You Can’t Reach an Agreement

If you are unable to reach an agreeable solution through these steps, you may consider hiring an experienced HOA and real estate lawyer. A lawyer will file all necessary paperwork, handle negotiations on your behalf, and navigate the complex legal process.

FAQs

Are HOA Attorneys Worth the Cost?

In cases where disputes between the homeowner and HOA cannot be easily resolved, an HOA attorney is worth the cost to protect your rights. The cost of hiring an HOA attorney will be influenced by several factors. For HOA-related disputes, most attorneys charge an hourly rate. The complexity of the case will impact the cost. Contesting a minor violation or fine will typically cost less than a complicated case.

Can You Bring a Case Against an HOA in Arizona?

Yes, a homeowner may bring a case against an HOA in Arizona when other attempts to resolve the situation have been unsuccessful. Arizona has HOA laws in place to protect homeowners, including the Arizona Condominium Act and the Arizona Planned Community Act.

In some situations, the protections outlined in these documents override the powers given to the HOA through its community documents. HOAs typically derive their power from the community’s Declaration of Covenants, Conditions, and Restrictions and bylaws.

What Kind of Attorney Handles HOA Disputes?

Real estate attorneys can handle disputes involving an HOA. Real estate attorneys have specific knowledge of covenants, conditions, and restrictions (CC&Rs) that govern HOAs and can determine when an HOA has failed to meet its obligations or exceeded its legal boundaries.

A real estate attorney will be familiar with Arizona law that outlines the rights and responsibilities of HOAs and homeowners. An experienced real estate attorney will explain all available legal remedies to your dispute.

Contact an Experienced Scottsdale HOA Attorney

Harper Hall PLC understands that your home is likely your biggest investment, and you want experienced legal representation to protect that investment when there is an HOA dispute. If you are embroiled in a dispute with an HOA, we can help. Contact the office to schedule a consultation to discuss your issues.

Scottsdale, AZ HOA Resources

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