Many HOAs maintain a website where governing documents are posted. To find HOA rules and regulations online: Navigate to the HOA's official website. Look for sections labeled “Documents,” “Governing Documents,” or “Rules and Regulations.”
An HOA does not have the power to evict homeowners from their homes. However, an HOA can take legal action against a homeowner who violates the community's bylaws or CC&Rs (Covenants, Conditions, and Restrictions), which can result in fines or in extreme cases, foreclosure.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
Family Ties. Depending on the state you live in, family members might not be allowed to serve on a board together. States like Florida have a blanket rule against spouses serving on a board together, while Arizona permits partners to serve together – unless otherwise stated in the association's governing documents.
Homeowners should direct their complaints against a board member to the HOA board or the community manager. An effective board or manager will handle the complaint properly, even if it concerns one of their own. If need be, homeowners can request to enter dispute resolution.
In Arizona, forming an HOA requires drafting and filing the Articles of Incorporation under the Arizona Nonprofit Corporation Act, which legally establishes the HOA as an entity.
How to Seek Legal Action Consultation with an Attorney: Start by scheduling a consultation with an experienced Arizona HOA lawyer. Letter of Demand: In many cases, a letter of demand from your attorney to the HOA may lead to a resolution without going to court.
The Homeowners Association Dispute Process is administered by the Arizona Department of Real Estate, which has the statutory jurisdiction to hear issues between residents and homeowner or inium associations.
An HOA Board is held accountable by codes and laws. For example, homeowners associations in California are regulated by the California Corporation's Code, as well as other California state laws and codes. Some of these codes include: State of California Business and Professions Code.
The Homeowners Association Dispute Process is administered by the Arizona Department of Real Estate, which has the statutory jurisdiction to hear issues between residents and homeowner or inium associations.