Legal Question in Real Estate Law in Arizona

HOA Painting Assesment

If an objective (such as repainting the

town-homes in the community) is

passed--name removed--the board,

does that mean every homeowner must

pay the $6000+ fee to have the town

home painted? What happens if you do

not have that kind of money? Can they

place you in collections and make you

pay? Does a homeowner have any rights

in this whatsoever? Isn't $6000+ a little

high for painting the townhomes?

Thank you for any information you can

give.


Asked on 9/26/06, 11:21 pm

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: HOA Painting Assesment

What you are describing is a special assessment and, yes, the HOA is within their rights to assess the owners. The books should be reasonably available to audit by the owners. The board is comprised of individual owners and if you are concerned about administration, you should seek to be voted to the board. The $6,000 may include structural repairs that go along with painting or maybe the dues were not high enough and they are creating additional reserves. Ask questions - there is accountability. In the meantime, if you do not have the money up front, perhaps you can get a loan or ask the HOA to accept payments. Keep in mind that if you don't pay, the HOA could foreclose.

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Answered on 9/27/06, 7:56 am
James Jenkins Jenkins Law Center PLC

Re: HOA Painting Assesment

$6000 seems high, but I am not a painter, and have not inspected your townhome. Did your association get several bids, or did they award the job to someone's brother-in-law? Do you have a bid from another company to compare? If a company is painting the exterior of an entire complex, I would believe the bid per unit to be lower than painting just one.

I do not know if the decision can be re-visited. I do not have a copy of your bylaws, no complete information about the vote, the bids they received, etc. If this is objectionable, get some neighbors together and demand a re-vote or take some other remedy under the bylaws. Show the documents to a real estate attorney for a complete opinion; he or she will have a better factual basis to tell you what to do.

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Answered on 9/27/06, 4:02 pm


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