HOA Dispute Process by Arizona Department of Real Estate
Question: We have a “rogue” Board of Directors for the HOA for our Gilbert community. They refuse to enforce the CC&Rs prohibiting overnight parking on our streets. I don’t want our community turned into a parking lot. What recourse does a homeowner have against the Board of Directors of an HOA that won’t enforce the CC&Rs?
Answer: If the Board of Directors will not enforce the CC&Rs, the individual homeowner is generally entitled to enforce the CC&Rs by filing a lawsuit. A lawsuit, however, can be time-consuming and expensive. A better alternative is filing a petition under the HOA dispute process administered by the Arizona Department of Real Estate. The Arizona Department of Real Estate established the HOA dispute process to cheaply resolve disputes between HOAs and homeowners. You can go to the Arizona Department of Real Estate website and complete the form. The cost is $500 for filing a petition for a single-issue complaint, such as enforcement by the HOA of the CC&Rs that prohibit overnight parking.