Planned communities with homeowners’ associations (HOAs) are very common in Arizona. In fact, Arizona is one of the top states nationwide for HOAs. As communities continue to grow, HOAs may need legal assistance with creating and enforcing community rules.
Surprise is a suburb of Phoenix, AZ known for planned communities. HOAs maintain a strong presence here and often need legal help to draft rules, enforce them, and impose penalties when necessary. Remember, HOAs are legal bodies with real authority over residents. The HOA’s rules are legally enforceable and should carry weight in court in the event of disputes among residents. If your HOA board needs a lawyer, you should talk to our legal team as soon as possible.
For a confidential legal analysis, call our HOA lawyers for boards and communities at Halk, Oetinger, and Brown at (602) 759-9205.
What Should HOAs Include in the Covenants, Conditions, and Restrictions?
HOA rules may cover a wide variety of topics important to the community. If you are developing new rules or revising old ones, it is a good idea to consult with a lawyer first.
Exterior Modifications
A big part of HOA rules is about what homeowners in the community can and cannot do to the front-facing exteriors of their homes. HOAs often seek to preserve a specific community aesthetic to keep the community pleasant-looking and boost curb appeal. As a result, the rules often include a list of restrictions on exterior modifications.
A common example is rules regarding paint colors. HOAs typically provide a list of pre-approved colors and may outright ban colors that are too bright or bold. For example, homes may be painted white, beige, yellow, or light blue, but colors like hot pink or neon green would not be permitted.
Additionally, the rules may explain how homeowners may renovate the exteriors of their homes. There may be rules about vinyl siding, brick facades, window size, and even front door décor.
Standard Community Ordinances
HOAs should also include standard rules and ordinances governing how community members should conduct themselves and use community amenities. For example, rules about noise level, when to take trash and recycling to the curb, and street parking are very common. These rules should help maintain order without being overly restrictive.
Landscaping and Property Maintenance
Even if homeowners are not renovating the exterior of their homes, they may still be required to maintain their homes and conduct necessary repairs. HOA rules may specify how often lawns should be mowed, which plants or shrubs can be planted, and how and when walkways should be cleared of debris.
These rules may seem minor at first, but they can be a big issue if they are not followed.
What Can a Lawyer Do if Someone Violates HOA Rules in Surprise, AZ?
HOAs are largely self-governing, but attorneys may be necessary when legal disputes arise or homeowners refuse to follow the rules.
Notify Community Members About Violations
If a member of the community breaks the rules, the HOA must send them formal notice of the violation before imposing fines or other penalties. Notice is a crucial step in the legal process. If a homeowner is penalized with no notice, they can challenge the HOA. In serious cases, homeowners can take the HOA to court for failing to follow legal procedures.
An attorney can help ensure the notice is legally compliant. It should include information about the alleged violation, the penalties, and whether the homeowner can correct the problem and avoid being penalized.
Advise the HOA on Legal Action
If further legal action is necessary to resolve the issue, an attorney can advise the HOA on next steps. Further legal action may vary from strongly worded, formal letters to full-scale adversarial proceedings.
Collection Enforcement
HOAs must follow certain rules and procedures when imposing and collecting fines. As mentioned before, the HOA should send a notice of the violation and fines to the homeowner, and our HOA attorneys for boards and communities can help make sure that the notice is legally compliant.
On top of that, the HOA may be required to give the homeowner a chance to cure the violation and avoid penalties, if possible. For example, if a homeowner has painted their front door an unapproved color, they may be given time to repaint it to avoid being fined. A lawyer can determine whether time to cure a violation is required or even possible.
What to Do if a Homeowner Refuses to Pay HOA Assessments
If a homeowner refuses to pay fines after a violation or regular HOA fees and assessments, the HOA’s lawyer can represent the association during any legal proceedings.
Demand Letter
One of the first steps when a homeowner refuses to pay is a demand letter. The letter should be from a lawyer representing the HOA and explain the amount owed, when it must be paid, and what legal action may follow if the letter is disregarded. In many cases, a strongly worded demand letter is enough to get homeowners to follow the rules.
Place a Lien on the Property
When a homeowner does not pay their HOA assessments, the HOA, with help from a lawyer, can place a lien on the homeowner’s property. In many HOAs, liens are placed automatically when a homeowner is late and are lifted when payment is made. If you are unsure whether automatic liens are a part of your HOA’s CC&Rs, an attorney can help you.
Initiate Foreclosure
N Arizona, it is possible for an HOA with a lien on a homeowner’s property to initiate foreclosure to recover money owed. After the lien is in place, the HOA may foreclose on the property once the homeowner owes more than $10,000 or has been delinquent for more than 18 months, whichever happens first.
How Often Should an HOA Board Meet with a Lawyer?
An HOA board should meet with an attorney at least once a year. It may be beneficial to schedule regular meetings with a lawyer to keep them informed of everything happening with the HOA. Even if there are no legal disputes at the moment, it never hurts to conduct a general review with a lawyer.
Should a Lawyer Help Create or Revise HOA Rules?
Yes. HOA rules must be reasonable, proportional to the HOA’s needs and goals, and legally compliant with state and federal laws. HOA boards should not attempt to create new rules or revise existing ones without help from a lawyer.
Speak to Our Surprise, AZ Attorneys for Boards and Communities for Legal Help
For a confidential legal analysis, call our HOA lawyers for boards and communities at Halk, Oetinger, and Brown at (602) 759-9205.
