questions & answers

Question: My home has a lien placed on it from my HOA, my question is, Will the lien ever expire? Can they keep adding interest ? Can I lose my home, over 6000, which mostly are Lawyer fees, this all came about after 2 month late fees, which would be 30.00. At this point, I am barely able to pay bills, which I do, and have for many years, I am stressing over the notion of losing my home? Thank you for any info or help.

Answer:

Typically HOA liens do not expire. Your home can go into foreclosure if the lien is not paid in a timely manner.

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)

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.

To find out about more Arizona resources that may be able to assist you, you can contact LegalLEARN, Legal Information & Resources at (866) 637-5341 .You will also find useful information on many legal topics on Arizona’s legal services Web site.

Individuals may apply for free and reduced fee legal services by using the"Access To Justice Online Intake System" through AZLawHelp.