Legal Question in Real Estate Law in Arizona

Homeowners Not Paying HOA Fees

If all the homeowners in a community signed a contract agreeing to pay a monthly HOA fee and certain households simply don't pay, how can we go after them? Our Homeowners Ass. has already sent them certified letters and several warnings but they still refuse to pay. Can't we just start taking it directly from their paycheck?


Asked on 3/19/07, 5:24 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Homeowners Not Paying HOA Fees

Impossible to advise you without a review of all the facts and the CC&Rs of your subdivision.

And no, you cannot just start deducting it from their paychecks. We have this thing in the U.S. called the constitution which guarantees the right to due process of law. You may have lien rights against the property or may have to file suit.

Have a real estate attorney who represents HOAs advise you.

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Answered on 3/21/07, 10:28 am


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