Frequently Asked Questions
We get a lot of the same questions over and over. On this page you’ll find general answers to some of those questions, with the caveat that you should not rely on these answers as legal advice in your specific case. Unfortunately, we can’t answer your question without first speaking with you in a consultation to make sure we’ve got all the unique facts and circumstances that apply to your case.
Do you charge a consultation fee?
Yes. You can read more about our consultation policy here. When you call our office and tell us that our website says we offer free consultations we’ll refer you here to try and convince you you’re wrong. Sadly, based on experience, you may want to argue with us at some length about what our website we’ve been managing for the past 18+ years says.
I don’t live near your office, can you help me?
Yes. As long as the real estate at issue is located in the State of Arizona we can help. Almost all of our communications with parties, opposing legal counsel, and the Courts, occurs via telephone, email, Zoom, or some other electronic medium. We represent clients all over the State of Arizona, and from around the world, who are dealing with legal issues connected with property in Arizona.
MY HOA is not doing something they should be doing, can i stop paying my assessments?
No. There are things that can be done to compel an HOA to comply with the Association’s governing documents or Arizona law, but by not paying your assessments you give the Association a guaranteed win in a claim against you, you lose the moral high ground in arguing about who is right, and you give them an argument that they don’t have to provide services to you under the parties’ contract (the CC&Rs) because you have failed to pay the consideration they are entitled to receive under that contract.
if i fight the hoa and win will they have to pay my legal fees?
Maybe. The governing CC&Rs usually have a provision entitling the prevailing party in a legal dispute to recover their legal fees, and there is also an Arizona statute (A.R.S. § 12-341.01) that provides that the prevailing party in an contract dispute is entitled to recover their legal fees. Such an award of fees, however, only comes at the end of a fully litigated lawsuit, after which the prevailing party may apply to the court for an award of fees. The Court will decide whether to award fees and/or how much to award. The court will often award less than the total amount sought. Moreover, the vast majority of cases are settled before the case is submitted to the court and in many of those cases the parties agree to bear their owns costs and fees. The reality is that you’re unlikely to recover your legal fees unless you’re willing to commit tens of thousands of dollars to litigating a lawsuit to its conclusion.
Do you represent homeowners associations?
No. We only represent homeowners in claims against homeowners’ associations and in defending claims filed by homeowners’ associations against homeowners.
i am a board member, can you give me advice?
We typically avoid representing HOA Board Members and would advise you to look to the HOA’s lawyer for counsel regarding the Association’s rights and obligations and/or a business lawyer regarding your duties as a member of the Board of Directors. If you’re seeking counsel strictly related to your status as a homeowner we are happy to help you subject to that express limitation.
I hate my HOA, can I just withdraw?
No.
I’ve just been served with a lawsuit, what should i do?
Call a lawyer immediately! There are strict deadlines on when you have to respond by filing an answer with the court. The failure to meet these deadlines can be fatal to your ability to defend your case and avoid the HOA getting everything they are asking for. Filing a proper response also requires the expertise of an attorney to make sure it is done properly and that any necessary defenses are preserved and/or counterclaims raised.
the Hoa sent me a violation notice and i feel like they are harassing me, can i sue them?
If you are in violation of the governing Declaration or validly enacted rules and regulations then it is going to be difficult to argue you are being harassed. If, however, you can prove you are in compliance and/or that you are being targeted by the HOA for some improper reason you may have a claim against the Association. The burden, however, is on you to prove that the Association is violating its duties owed to you. This kind of proof is difficult to find and must include something more than your suspicions and speculations.