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TaraR
(Arizona)

Posts:24

07/07/2006 5:38 PM
In questioning the management company regarding picking and choosing violations, I received the following response: “The Board tries to be fair with all violations. The state has passed laws in 2005 that now require the association to file small claims, get a judgment and transfer it to the superior court to collect fines. This costs approximately $500.00. The Board also considers the budget prior to deciding on any contemplated legal actions.” My questions, does anyone know of a law with the above case in Arizona? I’ve looked and couldn’t find one. Also, can a board fine one member for a parking violation and then turn around and not fine another member who is violating the CC&R’s with the same act? If the board chooses to give fines to pick on easy targets, but does not pursue the same act with another that ‘may’ take furthers action on the same exact violation, would that not be discrimination? By the way, I can't tell all of you how thankful I am receiving your feedback on my postings. I've becoming extremely knowledgeable member in my community that has presented great ideas. Thank you.

BrianB
(California)

Posts:1748

07/07/2006 8:58 PM
Can a board cite only certain people? certainly. however, they shouldn't, as it isn't fair, and opens the board to litigation and discrimination practices. could be very costly. Arizona laws regarding HOA rights to collect fines, dues, and fees did recently change, making it "harder" (IMO) for a board to file a lien than it used to be. i believe now, an HOA must get a court claim, the lien can only be filed for failure to pay dues and late fees, not fines, etc.. However, that's from memory, and by no means absolute. as for AZ law changes, i suggest reading this lawyer's site: http://www.theshawlawfirm.com/wst_page4.html

CharlesW1
(Georgia)

Posts:820

05/22/2007 9:54 AM
Posted By TaraR on 07/07/2006 5:38 PM In questioning the management company regarding picking and choosing violations, I received the following response: “The Board tries to be fair with all violations. The state has passed laws in 2005 that now require the association to file small claims, get a judgment and transfer it to the superior court to collect fines. This costs approximately $500.00. The Board also considers the budget prior to deciding on any contemplated legal actions.” My questions, does anyone know of a law with the above case in Arizona? I’ve looked and couldn’t find one. Also, can a board fine one member for a parking violation and then turn around and not fine another member who is violating the CC&R’s with the same act? If the board chooses to give fines to pick on easy targets, but does not pursue the same act with another that ‘may’ take furthers action on the same exact violation, would that not be discrimination? By the way, I can't tell all of you how thankful I am receiving your feedback on my postings. I've becoming extremely knowledgeable member in my community that has presented great ideas. Thank you. Hello SeanT1, Perhaps, I do not understand your particular predicament. I would hope you or even another HOA member would be able to clarify this for me. Every tenant is given two (2) parking spots. One of which is covered and the other is in the general open lot as a first come first serve basis. This is where I will need additional explaining. You do or do not have two vehicles? One is a “monster truck” that you drive on a daily basis for work, correct? You are being told you must park in the covered parking spot, oppose to the uncovered, open lot. After further review, your vehicle does fit in the covered parking spot, but you choose not to park there? The Board is fining you for what exactly? If you are given two parking spots it shouldn’t matter which one you park in on a daily basis, especially if other members are also not parking in under the cover spots as well. That certainly would be selective enforcement, IMHO, if I had ever heard of. Just to clarify. Your truck does fit under the covered spot, but you choose not to park there? You do or do not own two vehicles? If you only own one vehicle it must be parked in the covered parking spot only. If you have two vehicles, the larger of the two must be parking under “cover” This will certainly help me and may help others to help you. Thanks and best of luck Chuck W.

Charles E. Wafer Jr.

HaroldS1
(Arizona)

Posts:314

05/22/2007 3:13 PM
Brian - your link to Shaw doesn't work for me. But I have to wonder if he would be a good source of information. He was lambasted by a judge last year over what the judge called abusive and inconsistent fundamental principles of professionalism regarding his demand letters and excessive fees to a homeowner who was behind I think about $400 with her dues. The woman took him to court without an attorney and won handily. He is currently under probation with a reprimand from the Arizona bar. He also used to write a homeowner advice column for the state's largest newspaper, but was removed from that too. Harold

MelissaP1
(Alabama)

Posts:650

05/22/2007 3:47 PM
IMO allowing a HOA to sue instead of lien or foreclose is a HUGE mistake. I don't live in Arizona so I can't comment on the laws of that state. However, it is MUCH MUCH better for a HOA to pursue a lien/foreclosure than EVER going to court. A lien and a lawsuit is almost the same thing. They are BOTH considered JUDGEMENTS. The difference between the two is substantial. A lawsuit judgement is just that. A judgment. It does NOT gaurantee the money will be paid. It just says the court has ruled that an amount of money be paid to the winner. There's not really a solid timeline to pay it back. I believe it can be up to 7 years and then that can be appealed again for longer time. Essentially, the owner can sale their home and move without ever paying a dime. A lien on the other hand, is more of a guarantee. A lien means the owner can NOT Sale the house free and clear until the money owed is paid. That doesn't mean they can't rent their property out for years. It just means when they get around to selling the property, the amount owed will have to be paid off. Plus it accumulates and adds on the costs of the filing the lien with it. The HOA is more likely to get it's money. A foreclosure, is a good threat in my opinion. You really are lucky to break even on the costs. A foreclosure is NOT a money generating proposition for a HOA as many percieve. It's complicated and needs an entire post to discuss the ins and outs. As far as fines go. Most states do NOT allow liens/foreclosures to be based on Fines. The lien/foreclosure can ONLY happen in 2 cases. 1. Not paying dues. The HOA can add late fees plus interest to back dues. 2. If the HOA pays for work to be done and the owner doesn't pay them back. Example: The owner has a broken fence and they refuse to fix. The HOA can vote to fix the fence and send the owner the bill. If the owner refuses to pay the bill, the HOA can lien for that amount. I would try to work out a compromise on the situation of getting fines. There may be a better solution. Just discuss it with the board and give it some time to work out.

Former HOA President

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