Many people in Arizona live in communities that have homeowners’ associations. These associations charge various dues to the people living within the association in exchange for the association providing services to the community. Homeowner associations also have the authority to set different rules regarding care of the outside of homes, what people can store in their yards and other rules to help keep the community in good condition, which, in turn, can keep property values higher for everyone.
Generally, when people move into a property in a community governed by a certain homeowners’ association, they are automatically in the association. They need to abide by the rules and pay dues whether they agree with all of them or not. However, there are owners that disagree with certain rules and decide not to follow them.
Enforcement options for homeowners’ associations
In these situations, homeowners’ have different options, depending on which rule the owner is not following. If the owner is not paying their association dues, the homeowners’ association has different options to try and have the owner pay. However, ultimately, the homeowners’ association can put a lien on the property for unpaid dues. The homeowners’ association can even foreclose the property for the amount of unpaid dues.
If there is a dispute about whether an owner is following the rules, homeowners’ associations can also use the HOA Dispute Process through the Arizona Department of Real Estate. This is an administrative process that does not involve the courts. It uses administrative law judges who will hear the dispute and issue a decision about the dispute as well as the remedy.
Homeowners’ associations in Arizona do have some restrictions on the rules they can have and enforce. However, there are many rules they can have regarding maintenance of properties and also can charge dues for its services. It is important that these rules are followed to better the community as a whole. Homeowners’ associations have different options for enforcement of its rules and consulting with experienced attorneys could be beneficial to help choose the most effective option.