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Directors should be in good standing (i.e. caught up on their dues, not in violation of community documents, etc.) while serving on the board. Many of the lawsuits brought in Arizona are brought because the homeowner alleges that the board is not treating everyone fairly or that the directors are receiving favoritism because of their Read More…
HOA Institute Blog
Archive for the ‘HOA Enforcement’ Category
Board Members that are not in Good Standing
Thursday, March 3rd, 2011Neighbor Disputes within Arizona HOAs-Must the Manager or Board of Directors get Involved?
Thursday, October 28th, 2010Many Arizona homeowners built or purchase their homes in communities with CC&Rs and Rules & Regulations because they think doing so will protect them from neighborhood nuisances like loud parties, barking dogs and inoperable cars. When they find themselves in exactly the situation they wanted to avoid – in the midst of a dispute with Read More…
Must A Homeowner View All Violation Letters?
Friday, August 20th, 2010I am asked (almost on a monthly basis) whether a member, who has been issued a violation, has the right to see all other violation letters sent to other members of the association. Attorneys cannot agree on this issue. Part of the problem is because this issue has not been specifically addressed by the higher courts so it is Read More…
Four hoops an Arizona HOA must jump through to enforce CC&Rs and Rules
Monday, July 19th, 2010Arizona Homowners Associations must follow these steps or risk losing their ability to enforce the violation against the offending homeowner. Hoop One-send out a letter to the homeowner informing him/her what the violation is and when it must be cured. This is called a “Notice of Violation.“ The law says that only after Notice can Read More…
Arizona’s New Immigration Law and its Impact on Arizona Community Associations
Wednesday, April 28th, 2010Everyone is talking about Arizona’s new immigration law. “Shameful” writes E.J. Dionne of The Washington Post. “Misguided” declares President Obama. Others applaud the new law. Bryon York of The Washington Examiner writes Arizona’s immigration law is “a reasonable, limited, carefully-crafted measure designed to help law enforcement deal with a serious problem in Arizona.” I wonder Read More…
Can HOAs enforce the CC&Rs even though Developer/Declarant did not?
Thursday, April 22nd, 2010Most Declarations of Covenants, Conditions and Restrictions (CC&Rs) have a “non-waiver provision.” Under Arizona law, non-waiver provisions are enforceable, meaning that a homeowner cannot argue that the association waived its right to enforce a violation in the CC&Rs simply because a past board, or declarant, failed to enforce the CCC&Rs. The question one must ask is Read More…
Can the HOA place a lien on my house?
Saturday, March 6th, 2010QUESTION: Can the HOA put a lien on my house? ANSWER: Yes, but there are rules the HOA must follow. The idea of an association being able to place a lien on your real property is frightening to many homeowners. However, homeowners do not realize that according to the Declaration of Covenants, Conditions and Restrictions Read More…
Can an HOA turn off the water for non-payment of fees or fines?
Thursday, March 4th, 2010QUESTION: Can the HOA cut off water for non-payment of fees or fines (we do not have individual water bills)? ANSWER: Some older Condominium projects were apartment conversions, also some townhome developments were built with a common water supply to all of the units. In both cases HOA fees may be used to pay the Read More…
How to enforce the CC&Rs and Rules
Saturday, December 5th, 2009HOAs must be “fair” when they enforce CC&Rs. This means that if you enforce a provision against one violating homeowner, you better make sure you are enforcing the same provision evenly across the community. I’ve seen a couple of times when HOAs sued homeowners for violations others, including directors, were getting away with. Don’t do Read More…
