Living in an Arizona community governed by an HOA has many benefits. These organizations keep up the common areas, maintain community pools and protect the property values of the homes in the neighborhood. When you moved into your home and signed the agreement with the HOA, you probably never imagined you would be in a dispute with this organization in the future.
HOAs sometimes overstep their authority, ultimately infringing on the rights of the homeowners. These situations can be complicated, and homeowners often find it necessary to take legal action as they work to resolve the situation in a reasonable manner. If you are in a dispute with your HOA, your rights could be at stake. You will find it beneficial to learn how you can protect your interests.
What can my HOA do?
HOAs can only govern and limit certain things. In your neighborhood covenant, there should be an outline of what the HOA can and cannot do and what is expected of homeowners. However, these contracts are not always very clear, and it’s not always immediately distinguishable where the line is between your rights and the HOA’s authority. Some of the things HOAs can regulate include the following:
- Landscaping designs
- Paint colors, shingles and siding
- Toolsheds, swing sets and other outdoor structures
- Fence types and colors
- Noise
- Running a business from the home
If you think the HOA is infringing on your rights or unfairly punishing you for supposed violations, you can fight back. It is not easy to confront this type of organization, but there are steps you can take to protect your legal and financial interests.
One of the most effective ways you can protect your rights is to know what your HOA agreement says about what it will regulate. It is beneficial to review the agreement you signed in order to know if you should move forward with legal action against your HOA.
Where should you start?
Maybe your HOA said that you could not put your American flag out. Maybe you got a notice in the mail of a violation you did not know you committed. Whatever the issue, you can explore your legal options. If the HOA did not have grounds to fine you or prevent from doing something, you may want to seek the counsel of an experienced attorney. While litigation is not always the right option, it may be the appropriate way for you to defend your rights.