Legal Question in Real Estate Law in Arizona
Homeowners Associations
Our Homeowners Association recently levied the annual assessment for the year. The statements were mailed on January 16 with a due date of February 16. I mailed a check on January 28 which they did not receive as it had not cleared my bank when I received a notice that I had not yet paid. I was out of town when the notice arrived and when I returned, I checked with my bank and sent another check after finding the first one had not cleared. In the meantime, the association put a lien on my property and refused me entry to my property. Is it legal to ban someone from entering property that they legally own?
1 Answer from Attorneys
Re: Homeowners Associations
It all depends upon what the rules of the HOA provide, because by your joining a HOA, you gave up certain individual rights and agreed to be bound by the rules of the HOA. I have never heard of such an onerous rule being applied. It is more normal that an association will charge a late fee and send out a second notice. I have never heard of filing a lien so quickly or denying access to your property. You should consult an attorney to see if you have a claim against the association and its board members, and see if they have violated their own rules, or applied them in an arbitrary and capricious manner.
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