Homeowner Associations (commonly referred to as HOAs) have become the norm in Arizona in recent years. Virtually every residential development in the State is governed by the rules and regulations of an HOA, which are usually spelled out in a document called the CC&Rs of the Association.
As the prevalence of HOAs has grown, so have the laws and other rules governing the conduct of HOAs, as well as the amount of litigation related to HOA disputes. Although there are laws in place requiring that homeowners be informed about the HOA restrictions, many homeowners are surprised to discover what may be required of them. Sometimes HOAs and the people who administer their functions overreach in their efforts to enforce the rules, and homeowners find themselves powerless to respond.
At Harper Law PLC, we represent homeowners in the Phoenix area and from throughout the State of Arizona in HOA-related disputes. Disputes and HOA-related litigation usually arise when homeowners are accusing of violating the Association's governing documents, primarily the CC&R's. Such disputes often center on alleged failures to pay assessments due, obtain approval for architectural changes, pay fines or comply with other rules and regulations.
Unfortunately, many homeowners are simply unprepared to defend their position before the HOA. Although Associations are empowered to enforce the legally-enacted rules, the enforecement must be reasonable and many Associations and their boards overreach and abuse their powers. An experienced HOA attorney can help you defend your position and negotiate a reasonable outcome to your HOA dispute.