questions & answers

Question: I recently moved into condo. I recieved notice from the HOA stating that my dog is over 30 lbs (which is apparently not allowed). However, both the realtor and landlord approved of me having my dog which is specified in our lease agreement. Can I be asked to leave?

Answer: The following is provided for general information only. This situation may be one that your landlord and the HOA need to resolve based on the language of the covenants conditions and restrictions covering the condo in question. According to Arizona Revised Statute (A.R.S.) 33-1242 http://www.azleg.state.az.us/ars/33/01242.htm, a unit owner who receives a written notice that the condition of the property owned by the unit owner is in violation of a requirement of the condominium documents may provide the association with a written response by sending the response by certified mail within ten business days after the date of the notice. Within ten business days after receipt of the certified mail containing the response from the unit owner, the association shall respond to the unit owner with a written explanation regarding the notice that shall provide at least the following information unless previously provided in the notice of violation: 1. The provision of the condominium documents that has allegedly been violated. 2. The date of the violation or the date the violation was observed. 3. The first and last name of the person or persons who observed the violation. 4. The process the unit owner must follow to contest the notice. Unless the information regarding the process the unit owner must follow to contest the notice is provided in the notice of violation, the association shall not proceed with any action to enforce the condominium documents, including the collection of attorney fees, before or during the time prescribed by A.R.S. 1242 subsection C regarding the exchange of information between the association and the unit owner. To find out how the law applies to specific circumstances, please explore the Legal Assistance (http://www.azlawhelp.org/legalaidlisting.cfm) page on this website to seek assistance from an attorney.