HOA AZ

Started by MichaelS48 • 7 replies • 1287 views

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MichaelS48 (Arizona)
Posts: 3

Posted:

I have live in HOA for 12 years and the time I been here they have not enforce any bi-laws. Just today a new presidents is enforce the bi-laws. refuse me to use the club house and pool because he said my yard is a mess. He stated that I have low tree branch that not a 3 foot person can not get by. I'm 5'11 and I can stay under it with no issue. Any way he stated to put a lien on my home. Can he enforce the bi-laws that have not been enforce such a long time and can he put a lien on my home. I'm wonder if I could put a lien on that fact I have paid money to use club house and pool. I have not got any notice about my yard. Can someone help me?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You can not lien except for unpaid dues or special assessments. Fines can not be the basis of liens in most states. Plus your HOA would have to have a fine schedule in place to even attempt to levy fines. By-law violations can be fineable but they have to be defined.

I'd suggest asking your president how he plans to put a lien on your property and what for. He may deny you use to amenities for violations and your right to vote may be effected, but they can't just lien just because.

Former HOA President

MichaelS48 (Arizona)
Posts: 3

Posted:

What can i do about the HOA will not let me use the pool and club for something they have never enforce untill now.

GlenL (Ohio)
Posts: 5,491

Posted:

Easy, clean up your yard and trim the tree.

Studies show that 5 out of 4 people have problems with fractions

GlenL (Ohio)
Posts: 5,491

Posted:

BTW somewhere in your CC&Rs will be a waiver clause which basically says that even though they have failed to enforce something in the past, they reserve the right to do so.

Studies show that 5 out of 4 people have problems with fractions

CarolR11 (Colorado)
Posts: 2,563

Posted:

I agree with both of Glen's replies.

But I think that you are talking about the Rules & Regulations, right, Michael? Still, you must obey them even if they have not been enforced for a long, long time.

How did the president notify you that you cannot use the clubhouse and the pool? Was it by US mail? Did the president give you a certain number of days to fix your yard and tree?

How can they keep you out of the pool and club? Did they take away your keys?

MichaelS48 (Arizona)
Posts: 3

Posted:

I went to his house to turn in the agreement of pool rules. The HOA put in a new lock. And I do understand to clean up yard. Under the by laws/ccr it stated that I should got to notice by sing letter. I have got none.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Written or not, your still in violation. Don't mean to come across as mean in saying that. It just has been communicated to you the reason they are not allowing you pool or clubhouse access. So time to get the mower/trimmer out.

Former HOA President

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