Arizona homeowners get new protections against HOAs

PHOENIX (AZFamily) — A number of new laws involving homeowners associations took effect in Arizona this week. The laws are designed to provide more protections for homeowners against HOA regulations.

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Homeowners voice complaints

Many Arizonans have shared complaints about their homeowners associations on social media, saying HOAs are “too powerful,” that they were “fined for no reason” and that they are “being singled out.”

Phoenix attorney Jonathan Dessaules represents a number of homeowners fighting back against their HOAs.

“We have HOAs who are charging hundreds if not thousands of dollars in collection charges and never picking up the phone to say, ‘Hey, are you getting our letters?’” Dessaules said.

What the new laws change

In an effort to rein in HOAs, state lawmakers passed a number of new laws this year that are supposed to provide more protections for homeowners.

Among the new laws that took effect this week:

  • Homeowners must be allowed to install a shade structure on their property, like a gazebo, umbrella or canopy.
  • HOAs can no longer foreclose on a home over missed assessment payments less than $10,000. The old threshold was $1,200.
  • HOAs have a responsibility to act reasonably and without favoritism.

“This gives lawyers who counsel associations the opportunity to put this on a piece of paper in front of board members and say, ‘Hey, next time you make a decision on architecture or landscaping, keep this in mind. The jury is going to see this statute,’” Dessaules said.

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Attorney calls for additional changes

Dessaules said he is hopeful the new laws will make a difference protecting homeowners’ rights, but more work needs to be done. He said he wants to see a new state law that would limit the types of fees and fines HOAs can impose.

“It’s not the assessments that are driving people to foreclosure, not the assessments driving people to massive delinquencies; it’s the collection charges, the incredibly excessive and unnecessary collection charges in many cases. That’s not what’s addressed in current statutes,” Dessaules said.

Another new HOA law requires communities to give prospective buyers information about fees and assessments. Homeowners now have more time to pay overdue bills.

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