Google "HOA sued," and you'll see plenty of results. However, this doesn't mean all HOAs are bad or that some residents are wrong for suing.
Both sides must remember that in any community, there are rules. The HOA board enforces penalties when these rules are broken. Now, suppose you're an HOA homeowner and believe that the HOA didn't follow the covenants, conditions, and restrictions (CC&Rs). In that case, you can pursue legal action against them.
One penalty detailed in the CC&Rs involves HOA evictions. For HOA boards in Phoenix, here's what you should know about the eviction process.
Common Reasons for HOA Evictions in Phoenix, AZ
Non-payment of HOA fees is one of the top reasons an HOA board will consider an eviction. Note that this will not happen immediately. The HOA board will issue violation notices and attempt to communicate with the resident to find a solution.
Let's say certain homeowners are experiencing financial hardship. They cannot afford the fees for managing communal areas, neighborhood services, etc. Boards in Phoenix, AZ, may opt to defer the owed fees or set up a staggered payment plan.
The situation differs for homeowners who refuse to pay fees. Since this is a clear violation of HOA rules, an HOA board can enforce interest charges or late penalties. They can also start the foreclosure process.
Other reasons for evictions include policy violations (e.g., illegal activities within HOA property), troubles with pets, and anything that threatens the safety of other residents.
Tips for Handling HOA Evictions in Phoenix, AZ
There's a Homeowners Association Dispute Process that boards and residents can refer to if they're thinking of submitting a petition to the Arizona Department of Real Estate.
The latter will act as an intermediary for both parties, but it cannot provide legal advice or force an HOA or homeowner to comply with the CC&Rs.
Now, if you're a member of an HOA board and need help holding a particular homeowner accountable, even after submitting a petition, you have two options. First, you can work with an HOA management company.
They can handle the eviction process by issuing a notice to the homeowner and starting the eviction lawsuit process. The second option involves hiring a lawyer who will also serve the resident with notices, including a notice of intent to evict. An HOA lawyer will also file suit on behalf of the association to set the formal eviction process in motion.
Let PMI Phoenix Valley Help You Navigate Complex HOA Concerns
HOA evictions are taxing for communities. The best way to deal with complex issues like this is to enlist professional help.
PMI Phoenix Valley offers customized association management services. We have over 20 years of experience in Phoenix real estate, which we use to solve different challenges unique to each community.
If your HOA needs help with evictions, we can help manage homeowner communication, enforce community rules and covenants, and so on.
Contact us today to learn more about how we can assist your community.
