Recently we learned that the attorney for our homeowners’ association (still under declarant control and with a notorious HOA management company) has recorded an Assessment/Violation against our property with the Maricopa County Recorder’s Office.

There is a two-year long story to it- started from one complaint about lack of common area maintenance in annual meeting that led to a flurry of retaliatory violations and fines against the property. The violation listed on the recorded document is non-specific and says “An alteration has been noticed on your lot that has not been previously approved. Please submit your request to the XXXXX Design Review Committee for review”. All of the landscape modifications on the lot were pre-approved by HOA and the work was completed nearly 7 months before the meeting/complaint/violation notice. The HOA’s position has been disputed in a series of communications and a request to record Satisfaction of Violation with the county has fallen on deaf ears.

I believe the broader question is whether an HOA can record Assessment/Violation without any court order/due process?

What are the avenues a homeowner can explore to remove these false and potentially damaging records on the property?