questions & answers

Question: My hoa and I share a commom wall,the way I read the CC@R they are responsible for at least half the repair and 100% if by negligence. They have watered the wall instead of the landscaping and everywhere the water hit, the mortar has corrded. No that the wall is in need of repair they claim they are not responsible for the wall at all. What is the Arizona laws on common walls? and what recoarse do I have to get the wall repaired? There are at least 6 houses on my row that need repair.

Answer: - Without knowing what the CC&R’s say (as well as any other documents (i.e., declaration, bylaws, house rules, etc.)), and without knowing the type of community for which they deal with (i.e., Condominium, mobile home park, residential community) it is difficult to point to any Arizona statute that would help define a common wall. Generally, when a unit owner is faced with a disagreement between the owner and the HOA, writing a letter to the HOA explaining the situation helps establish a paper trail that can be helpful later on as proof that there was a problem. Also, the CC&R’s or declaration usually contain procedures on how to complain about problems as well as other courses of action available to the unit owner. Another helpful resource would be to look at Arizona Revised Statutes here, under Title 33, property. The word “common” can be typed in a search box that will bring up all sections that contain that word. Ultimately, seeking out an attorney that regularly deals with HOA issues can be very helpful.