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          Arizona Homeowners               

Legal Information Services

602-228-2891 info@pvtgov.org

 

If you have been told that your are in violation by your HOA, you have certain legal rights.  See AZ Revised Statutes 33-1803(C) - (E) and 33-1242(B) -(D) for condos.  In short, you must have received a notice and opportunity to be heard.  Upon sending the HOA a certifed letter for info, the HOA cannot take any action until they provide you with that information.  You may appeal any alleged violation to the state agency, DFBLS.  However, the fines will continue while you protest.

 

The HOA Warrior defending homeowners against associations,
wrote
The Arizona Republic .
George K. Staropoli

   Updated  July 21, 2011

Archived Arizona OAH Complaint reviews

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 Being foreclosed by your HOA? 

State Bar complaint statistics

HOA Case Law

Federal & state case citations

Information on homeowner rights and HOAs

Internet Sources of Legal Information

HOA commentary index.

Restatement of Law:  Servitudes

AZ HOA statutes (2011) laws.

AZ attorney fees:  Fees

 Search Internet for more information.

Visit my index of Commentaries and get to understand the status of planned communities and homeowners associations in today's world, before you undertake any legal actions or offer new legislation. A word of caution: Merely "name-dropping" the views or cases found in the Commentaries without first laying a solid, on-point argument may produce a disaster. There are too many opposing arguments that must be adequately addressed.
 
Except for those cases involving a "black-letter" violation (a violation of an explicitly stated covenant, bylaw or statute), you must seek new grounds on the basis of equitable relief -- the court cases are, for the most part, in support of the status quo and loss of homeowner rights. You must approach any involvement from the point of view of an advocate seeking equitable relief from unjust laws, and justify that claim by providing strong authoritative support. For example, seeking relief from foreclosure or to restore homestead exemptions involves seeking equitable relief -- it's not fair -- using constitutional challenges. My AHLIS website was designed to point you in the right direction as an advocate seeking equitable relief. It does not provide simple answers.

Legal Disclaimer: The information contained in this blog does not constitute legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information. Nothing provided herein should be used as a substitute for the advice of competent counsel. Comments in this blog represents the views of an HOA advocate who is not a lawyer nor is employed by an a lawyer.  All communications will be kept confidential, but is not protected by attorney-client privilege and can be subpoenaed by the courts.


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