Before I became an attorney, I worked as a police officer, so my schedule varied and I often worked odd hours. One evening, I didn’t get home in time to take my trashcan in before dark. As a result, I was fined $50 by my HOA. Naturally, I didn’t like getting a fine; so, I called the management company to complain. After I explained the situation, they kindly waived my fine. Believe it or not, most management companies are pretty good about waiving fines if a good reason exists. The key, however, is communication. Learn how to communicate with your Arizona HOA and you’ll be able to resolve nearly all of your differences you may have with the association. Remember that no matter how angry you might be, you should never be condescending or use profanity. You won’t get anywhere if you do that. Also, don’t think that your fine will be waived just because you want it to be. First, ask yourself if you really did do something wrong. If you did, just pay the fine and don’t do it again.
A lot of fines are issued because homeowners either do not understand the CC and Rs and Arizona HOA Rules or they do not take them seriously. Please, please, please, read your CC and Rs and HOA Rules and then don’t just shrug them off. Never assume that the current HOA board will not enforce violations because old boards let them slide. That argument will most likely do you no good because it is rejected by most courts under certain conditions (become a member of HOA Institute today to find out what those conditions are).
There are some occasions when a director may get out of hand or act like the Gestapo. The law will protect you in the event someone oversteps their bounds in this way. If you have problems with an over zealous board, you, as homeowners, can also remove the directors and form a new board. Ask one of our Arizona HOA attorneys what your vested rights are or how to remove a board by joining HOA Institute today. Click here to join.

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Can a homeowner sue a member of the board or the entire board for not requiring other residents of the same HOA tocomply with association rules or CC & R?