questions & answers

Question: I have lived /owed my condo for 13 years and yes, it's a HOA issue. My HOA has had judgements and liens against several units, both owned by past directors. A new board member purchased them at very awesome price, no one else knew they were for sale, no notice. The " Management Company " said that even though the HOA put those liens/judgements in place, it's still up to the previous to pay back the HOA. Please , please HELP me understand this issue and many others associated with this board. Thanks for taking the time to read this.

Answer: In Arizona, an “HOA may place a lien on a home or unit for regular assessments charged to the owner for HOA expenses and for late fees for those assessments from the time the assessment becomes due, or for fees, charges, late charges, monetary penalties or interest after the entry of a judgment in a civil suit. Statute authorizes the foreclosure of an HOA’s lien for regular assessments if the owner has been delinquent in the payment of the assessment for one year or in the amount of $1,200, excluding late fees, whichever occurs first. An HOA must provide a member with notice of violation of the governing documents before imposing monetary penalties. A member who receives a written notice may respond by certified mail within ten business days and may expect within ten business days a written explanation that includes certain information, such as the process to contest the notice, unless this information was provided with the original notice. Unless the process was provided previously, the HOA may not proceed with any action to enforce the documents until the allotted time passes.” (Arizona State Senate Issue Brief-Homeowners' Association)

When a home is foreclosed on there will be a power of sale. (See A.R.S. 33-807). A.R.S. 33-808 dictates the length of time and how a power of sale must be conducted.

Here is another helpful link with information regarding foreclosures: http://azlawhelp.org/foreclosurehelp.cfm

If you would like legal advice regarding facts specific to your situation, please consult an attorney. A list of attorneys licensed to practice law in Arizona can be found at www.azbar.org. Arizona has three general services Legal Aid organizations which cover different regions of the state. Community Legal Services (800) 852-9075 covers Maricopa, Mohave, Yavapai, Yuma and LaPaz Counties. Southern Arizona Legal Aid (800) 640-9465 covers Southern Arizona. DNA People’s Legal Services (800) 789-7287 covers Northern Arizona. Veterans who meet the income eligibility requirement can receive a free consultation with an attorney. Please call our Legal Learn line at (866) 637-5341 for more information.