HOA Rules and Regulations Fine Can no Longer Become Lien on Home
Question: We recently purchased a home in a nice Queen Creek community. Within a month after closing, we got a bill for $1,200 in HOA fines. The HOA had fined our seller $1,200 for violating the CC&Rs by not removing a basketball goal from his driveway. We immediately removed the basketball goal. The HOA is still demanding payment of the $1,200 in fines from us. How can we be liable for $1,200 in fines when we had no knowledge of any fines when we bought our home?
Answer: Delinquent HOA dues and assessments can become a lien on a home. Under recent Arizona law, however, a delinquent fine for a basketball goal, leaving a garage door open overnight, or any other violation of the CC&Rs, can no longer become a lien on the home, and can no longer form the basis of a foreclosure action. The only method the HOA can collect a CC&R fine from you is if you voluntarily pay the fine, or if the HOA files a lawsuit against you to collect them. Here, the HOA’s claim would be against the previous owners of the home. Therefore, you should have no liability for the $1,200 in HOA fines against the seller for the basketball goal.
Note: Under Arizona law, an HOA may not issue a fine until it first offers you a hearing before the board of directors. If the HOA fails to provide you an opportunity for a hearing before the fine is imposed, the fine is illegal and not enforceable.