AZHOC - Arizona Homeowners Coalition
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2 Responses

  1. dennisl

    You do not need an attorney this is a direct violation of Arizona Law and as such you can file a petition to the Department of Real Estate to force the association to comply with the law. It will cost you $500 to file the petition and you will be heard before an Administrative Law judge. The association will lose this issue and they will be forced to allow you to install your solar devices. If you are only interested in suing the association you will make a couple attorneys a lot of money and in the end the association will bear the cost of all the litigation and pass that cost back to all the homeowners. While you may be able to get punitive damages from the association the best you can hope for is that all your attorney cost are awarded and the association is forced to pay. But as i mentioned in HOA litigation only the attorneys win, the individual homeowner even if he wins the case will end up being hated by all his neighbors because their assessment were raised by the association and have his assessments raised as well. Do not under any circumstances believe that the association and its board will be honest with the community and accept blame for the litigation cost, the blame will be put squarely on you, even though it is totally false.

    Any Attorney who can actually read the law will be able to present this case if you so desire. If you want to pursue the ADRE approach than let me know and I’ll help you frame your petition.

    Dennis

  2. dennisl

    By the way if you prevail in the ADRE petition the association will be forced to pay you back for your application fee.

    Dennis

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