Legal Question in Real Estate Law in Arizona
Prior to a HOA board filing a lien against a homeowner for a violation, must they do the same with all violators in the community? Violations are all different though.
1 Answer from Attorneys
The rule is that the HOA cannot selectively enforce the CC&R's. My interpretation of that is that if they make one person put his trash can behind the fence, they must make all homeowners put their trash cans behind the fence. Also, the HOA should have some written policy regarding violations that sets forth the procedure they must follow before filing a lien against any homeowner. That might be something like how many notices are sent, what fines are assessed at each notice, and at what stage they would file a lien. The procedure should be followed the same way for each homeowner in violation regardless of the particular offense. I suggest you review your CC&R's.