Homeowner associations (HOAs) are common in the Phoenix area. A person living in an HOA knows that there are many rules and guidelines that their property must follow. If they fail to follow these rules the homeowner’s association can give them a violation. According to the Coalition for Community Housing Policy in the Public Interest more than two thirds of homeowners have been in a dispute with their HOA. So what causes these disputes and how can they be resolved?
Common reasons for HOA disputes
There are several reasons why a homeowner can get into a dispute with their HOA. These include:
- Failing to pay HOA assessments
- Failing to upkeep a home with the standards outlined in the covenants, conditions and restrictions (CC&R) document.
- Failing to ask for permission to alter the outside appearance of the home.
- Parking vehicles in unauthorized areas
- Having features that are visible from beyond the property. These may include gazebos, trailers, boats, etc.
- Violating pet regulations
Steps to take on receipt of a notice
If a homeowner gets a notice from their HOA that they are violating a certain regulation they may want to take the following steps:
- Understand their HOA’s regulations and guidelines. These regulations should state the rules a homeowner has violated and how the HOA is allowed to respond to these violations.
- A homeowner should then check to see if they have actually violated a rule and whether they have the right to an appeal or a variance.
- A homeowner may then want to contact the HOA and request information regarding the violation such as who observed it and when it happened.
- A homeowner would then draft an appeal.
This is an appropriate time to bring in a legal professional who has experience with HOAs. They can help draft the appeals letter with the appropriate information and witness statements if necessary. They can also be present for the appeal hearing.