HOA Disputes

A long, drawn-out dispute between an HOA and a homeowner can be an enormous drain on the HOA’s resources. That’s on top of the fact that an HOA dispute can result in an adverse ruling and/or verdict that causes severe damages to the HOA’s financial interests and ability to govern. Likewise, disputes between the HOA and third parties such as contractors or personal injury plaintiffs can cost an HOA big-time as well. Which is why making sure your HOA is represented by experienced HOA dispute resolution counsel can be critical to its long-term interests.

 

Our volunteer HOA attorneys have a deep understanding of Arizona HOA law and the strategies and procedures to effectively resolve HOA disputes in the HOA’s favor, and can work with your HOA from the earliest sign of an HOA dispute to take decisive action on your HOA’s behalf in pursuing or defending against an HOA-related claim.

Bringing Actions to Enforce HOA Rules

When homeowners fail to comply with their obligations under the HOA CC&Rs - whether it be in paying HOA fees or in complying with other requirements such as nuisance or maintenance rules - an HOA can take action against the homeowner.  HOA attorneys can diligently pursue your HOA’s interests through assessing and executing your best options for resolution, whether it be through Arizona’s alternative dispute resolution process before an Administrative Law Judge (ALJ) or through filing a lawsuit or appealing an ALJ decision in the Arizona civil courts.

Defending Your HOA Against Homeowner and Third Party Lawsuits

It is often the case that HOAs are brought into disputes when a homeowner or third party files suit against the HOA, again either before an ALJ or in the state or federal courts. HOAs can face legal liability not only for allegedly failing to comply with their own CC&Rs and bylaws but also for any other alleged state or federal causes of actions, such as discrimination, personal injury, or breach of contract, among others.  As your HOA’s dispute resolution counsel, experienced HOA attorneys will rely on its many years of experience in litigating HOA disputes to aggressively fight for the HOA’s interests and seek the best possible outcome for your HOA while minimizing cost, delay, and tension.

 

Drafting HOA Dispute Resolution Procedures

One important step HOAs can take to potentially reduce the risk associated with HOA disputes is to create strong HOA dispute resolution procedures in their CC&Rs which allow for both the HOA and homeowners to have the ability to address and resolve problems while reducing the expenses and drain on HOA resources that can easily occur in a dispute. An experienced HOA attorney can work with your HOA to develop and draft dispute resolution procedures to protect the HOAs interests and further positive outcomes for all involved.