HOA violating the CCR’s
Dennis
Can a HOA break all the CC&R rules without being in trouble?
Example: not collecting dues from all the properties/homeowners.
Or
Threats of fines when there are no CC&R’s stating that fines are allowed.
What can be done against them (the HOA) for these actions.
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Michael.
The association thru the board basically has two purposes in life. First to determine and collect the annual assessment from homeowners necessary to run the association and maintain the common aree. The second purpose is to enforce the CC&R’s. Unfortunately there is no state agency overseeing these communities and the board running them. Homeowner have two options organize and remove the board from power if they do not do their job or to sue them in court for not doing their duty to the community. The last option also has an alternative where a petition can be filed with the ARIZONA DEPT OF REAL ESTATE. To enforce the law or the governing documents. The ADRE dispute resolution process empowers an administrative law judge to fine the association for violating the law or the governing documents. That power is however rarely applied. Litigation is never good for anyone but attorneys but sometimes is absolutely necessary. Don’t think for a minute that any association or board is ever scared by the threat of litigation because everything is stacked in their favor and they are using your money to defend themselves. Even if a homeowner wins a case against the association the community end up paying for that litigation and that turns the entire community against the person that stood up for the law and won,
It is not a pretty picture that is why I work so hard to balance the power in these communities and protect homeowner rights.
Dennis