hoa covenants conditions and restrictions

It is far easier and less costly to answer all of these questions before you come head-to-head with the HOA over what you believed was an minor change and what they say is something that forever alters the aesthetics of the community and diminishes property values. In our opinion, these are not “reasonable” restrictions.īefore you paint your house, redo your landscaping, add a security door, or really do anything with your house, STOP! Have you looked at the governing documents? Do you need to get the HOA’s permission? What are your rights and responsibilities concerning architectural, landscaping, and design changes? How has the HOA or COA treated similar changes in the past? Are you being singled out? We are also aware of boards that make it unnecessarily difficult for meetings to be records (e.g., requiring that any recording devices be set up fifteen minutes before the start of a meeting but then refusing to allow entry to the meeting area). We are aware of some boards that have tried to impose restrictions on audio or video recording by requiring a member to give advance notice or prohibiting more than one member from recording a particular meeting.

You also have the absolute right to record board meetings subject only to reasonable restrictions. Your right to attend all meetings also extends to the right to participate:īoard meetings “are open to all members of the association or any person designated by a member in writing as the member’s representative and all members or designated representatives so desiring shall be permitted to attend and speak at an appropriate time during the deliberations and proceedings.” This means that you have the right to be heard before any action is taken. Private discussions among board members outside of duly-noticed board meetings prevent members from participating and is prohibited under Arizona law. The right to participate means nothing if you are not told when and where meetings take place or if the board members do not deliberate in public. You have the right to participate in all board meetings of the HOA. If you have stopped making your payment, we recommend you immediately speak with a lawyer.

But we never recommend withholding your assessments. If you have complaints about the conditions of the community, speak with an HOA lawyer, talk to the board of directors, and work with your neighbors to create change. Generally, the risks of refusing to pay assessments are not worth it. If you do not pay your assessments, the HOA may have the right to sue you to collect it or, in some cases, can even try to sell your home to recover the unpaid assessments! Once the HOA sues you, it becomes far costlier and more difficult to resolve. Speak to an HOA Law Firm about your rights and remedies for the HOA’s nonfeasance, but continue to pay your assessments even under these unfair circumstances! This is true even if they let all the grass die and fill in the pool with dirt. The HOA’s failure to perform its obligations under the governing documents may give you the right to sue to enforce those obligations, but you generally do not have the right to withhold or refuse to pay assessments. In other words, you owe it whether the HOA performs or not. Although the HOA often may maintain a pool or other common areas, your duty to pay assessments are usually not tied to the HOA’s maintenance. So what are the privileges of membership? The most common is the obligation to pay a mandatory fee, or assessment, for the privilege of living in the community. They are required to make those available to you as an HOA member. Make sure to ask for and take a look at your HOA’s specific laws. In Arizona, including Maricopa County and Phoenix, your HOA has the right to:Ĭharge for payment in regard to maintaining common areasįine for acts that go against certain criteria laid out in their governing bylaws Your Right to Review HOA Accounting Books & Other RecordsĪ Summary of Arizona Homeowners Association Laws Home Design Review & Control (for painting, landscaping updates, etc.) Typical regulations, restrictions, and obligations of HOA Membership (CC&Rs) HOA’s are regulated by state laws, federal laws, and their own governing documentation.īelow is an easy-to-understand breakdown of the following Phoenix (and Arizona in general) HOA law topics: If you are living in an HOA or planning to, it’s important to understand the HOA statutes and laws that your home will be subject to.

Hoa covenants conditions and restrictions