HOAs are common throughout Arizona, and many communities rely on them for maintaining community amenities and order. However, some homeowners may have disputes with HOAs, and they should contact a lawyer for help.
Enforcing the rules can be complicated, and if an HOA does not follow proper legal procedures, rules may be ineffective. Worse still, invalid enforcement may lead to serious legal disputes, and the HOA may be in trouble. It is a good idea to review important legal decisions with a lawyer before attempting to enforce the rules, collect fines or fees, or take any formal legal action.
Contact our HOA attorneys for boards and communities to receive a private legal review when you call Halk, Oetinger, and Brown at (602) 759-9205.
How an HOA Lawyer Can Help Your Board Enforce Community Rules
While HOA rules can help maintain community order, there will always be someone who challenges or defies the rules. HOAs must follow proper legal procedure when enforcing the rules, and an attorney can review your legal options with you.
Written Notice or Warnings
When a rule is broken, the HOA must notify the homeowner before attempting to enforce any penalties. This usually means sending a formal written notice about the violation to the homeowner. The notice should include details about the alleged violation, information about fines, and evidence of the violation, such as photos.
Remember, if this notice is lacking, it may be deemed ineffective, which could lead to more legal trouble.
Liens
If a homeowner has already been notified of a violation or multiple violations and has not paid, the HOA may place a lien on the homeowner’s property. A lien is a legal claim to the property and may be lifted when the property owner pays their debt. The lien may cloud the title, making it difficult for a homeowner to attempt to sell their property.
Lawsuits
Lawsuits against homeowners are somewhat unusual, but they are possible. If a homeowner refuses to pay despite multiple notices and warnings, it may be time to sue them for non-payment. Your attorney can help you begin the lawsuit and represent the HOA throughout the legal proceedings.
How an HOA Lawyer Can Help with Covenants, Conditions, and Restrictions
Developing and enforcing CC&Rs often requires help from a lawyer. An attorney can determine if proposed rules are legally valid and enforceable.
Reviewing Existing CC&Rs
A crucial step in developing new CC&Rs is making sure they comply with state and federal laws. If new HOA rules violate state or federal laws regarding housing and how HOAs may operate, they may be unenforceable and ineffective. Attempts to enforce such rules may lead to serious legal problems for the HOA.
Modifying CC&Rs
Changing the rules is easier said than done. There are formal procedures to follow, and we must play by the rules for any new rules to be legally enforceable. Some rules may require a vote among community members for the change to be approved. Other changes may be so major that they must be filed with the county recorder after approval.
Developing New CC&Rs
If you are part of an upcoming planned community or live in an existing community without an HOA, our HOA attorneys for boards and communities can help you establish a new association with new rules. Alternatively, you might be part of an existing HOA board in desperate need of a major overhaul of the rules. An attorney can help you build or rebuild a new HOA from the ground up.
Collecting Unpaid Fines and Fees for HOAs in Mesa, AZ
Fines and fees are a normal part of HOA functions, but they sometimes go unpaid for too long. If your HOA has been trying to collect unpaid debts to no avail, it is time to contact a lawyer for help.
Formal Notice
Collection efforts typically begin with a formal notice to the homeowner. The notice should explain the violation, including where and when it was observed, and provide evidence, such as photos. The notice should also explain the amount of fines owed and when they must be paid.
Demand Letter
If fines and fees continue to go unpaid, an attorney can send a written demand letter to the homeowner. The letter should explain what is owed and that legal action will occur if the homeowner does nothing.
Many homeowners would rather avoid legal action, which can be more expensive than the fines themselves, and quickly pay the fines.
Further Legal Action
If additional legal action is required, your attorney can help. You may place a lien on the property, giving the HOA a legal claim to it if the fines remain unpaid. In serious cases where fines are unpaid for a long time, or the amount owed is very large, the HOA may initiate foreclose.
When Should HOA Boards Contact an Attorney for Help?
HOAs should contact a lawyer sooner rather than later. A lawyer can help with non-urgent issues, such as revising CC&Rs, or with more serious matters, such as pending legal action filed by a homeowner. It is a good idea to hire an attorney who you can call at any time as legal issues arise.
Can an HOA Sue a Member of the Community?
Yes, but most attorneys consider this an option of last resort. Suing a community member is possible, but it may cause more problems within the community and hinder relations between the HOA Board and the rest of the community. If there are other legal options available, you should explore them before filing a lawsuit. However, serious cases where homeowners refuse to cooperate or comply with the rules may necessitate a formal lawsuit.
Does an HOA Board Need a Lawyer Present During Meetings or Hearings?
Not necessarily. General meetings held to keep community members informed often do not require an attorney. However, hearings or meetings about legal disputes between the Board and the community may need a lawyer present. The attorney may facilitate the meetings or make themselves available to answer legal questions.
Ask Our Mesa, AZ HOA Attorneys for Boards and Communities for Legal Support
Contact our HOA lawyers for boards and communities to receive a confidential legal review when you call Halk, Oetinger, and Brown at (602) 759-9205.
