Phoenix Arizona Maricopa county. If the HOA sends the homeowner a 15 day non compliance letter (basically saying you have 15 days to correct whatever the problem is prior to receiving a fine) and the homeowner does not advise the tenant to correct the problem and waits until a fine is levied then demands that the tenant pay the fine. Is this legal?
Country relating to Question: United States
State (if USA): Arizona
Discussing the relevance of the fine with The prop mgmt co as we were not advised of the warning letter but we were told we have to pay the fine. So we never got a chance to correct the action prior to a fine being levied. HOA only sends letters to the homeowner, my concern is the homeowner could always just wait until a fine is levied and forward the fine to us as the tenants. This is a single family residence in a gated community.
There are no laws that prohibit or allow this (what we say as lawyers is "the law is silent"). The body of law that is HOA law in AZ does not address the situation where an owner rents out the unit and the LL tenant law doesn't either. Which pretty much means that the landlord can do it and get away with it, because if you try to deduct anything from the rent that has nothing to do with the sanitary or safety conditions at the condo, then the court will permit an eviction. However, that does not mean that you cannot take the landlord to small claims court for the payment of or reimbursement of this money (if you have already paid it). Under the circumstances you will most likely win a small court case once the judge hears what happened here -- but most tenants will take the LL to small claims court after their tenancy ends because to do so while you are still a tenant may prompt the landlord not to renew your lease and if you wanted to continue living in the condo then that would be a problem. So it really is a personal decision that you have to make regarding how far you want to push this right now and if you move out of the condo over the next three years before the statute of limitations is up you could wait until that time to take the matter into small claims court.
15 years exp all aspects of general law
You gave me exactly what I was looking for. Im a litigation specialist with an insurance company in Phoenix, Az. My thought was exactly what you stated and wanted it confirmed. I am choosing to file in small claims court and if they dont renew the lease Im totally fine with that.
From a legal point of view, I dont think they could win and I also dont think this landlord will show up to court as we have had severe difficulty with him fixing anything in the house in a timely manner.
Thank you. I am glad you realize there are no "quick fixes". I am asked for miracles everyday and sadly I cannot provide them. Best of Luck,
Oh Im sure. Basically working in the litifgation field there is no quick fixes everything takes time and resolve, well sometimes lots of money too. LOL
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).