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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33284
Experience:  12+ yrs. of experience including real estate law.
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Can my Scottsdale, AZ HOA force me to evict my tenant? He was

Customer Question

Can my Scottsdale, AZ HOA force me to evict my tenant? He was working on his motorcycle in the garage, and has been fined for that, along with a verbal disagreement between himself and a neighbour who is on the HOA Board. He has paid all fines. They now tell me I must evict him, or pay a $500 fine each time he sets foot on the property. There have been no violations in months, and, as I said, all fines were paid.
Is this legal? I don't wish to evict him, and am having a telephone conference with them and their lawyer this afternoon.
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
He also used water from an outdoor faucet, but, again, paid the fine. He also wrote a letter of apology to the HOA Board member, and has had no issues with anyone in over two months
Expert:  P. Simmons replied 1 year ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details. An HOA is, in many ways, like a small city. They have their own set of rules (bylaws) elected officials to administer the rules, and can impose and enforce taxes (in the form of fees) and regulations upon the residents of the association. Arizona law would allow a homeowners association to require an owner to evict a tenant so long as this proclamation was made according to the homeowners association bylaws. In your case; if your tenant violated one of the rules of the association and the bylaws allow the Board of Directors to impose the proposed sanction? Then legally that sanction can be imposed. The first thing I would do is review a copy of the bylaws to determine exactly what powers the Board of Directors has. Next, I would review the minutes of the meeting where the sanctions against you were imposed. You want to try and determine whether or not the Board of Directors was empowered, by the bylaws, to make this sanction. If the bylaws permit the sanction? Then the board can impose it. Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Expert:  P. Simmons replied 1 year ago.
The system indicates you have more questions. Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
Who has jurisdiction in these matters? Is there a right to an appeal in this item? Is there a limit to the amount of penalties they can charge me? Or is $500 per time he sets foot on the property legal?
Expert:  P. Simmons replied 1 year ago.
Sorry, are you asking which court has jurisdiction?
Customer: replied 1 year ago.
Should I attend to the conference call today, or should I put it off until I have a lawyer with me?
Expert:  P. Simmons replied 1 year ago.
Thank you. Generally speaking there is no harm in chatting with the other side or their lawyer. That may help give you some insight into their theory of why you should pay this incredibly large fine. You raise a good question; how can they justify $500 per occurrence? Generally speaking, the homeowners association can impose fines as sanctions for violations of rules. However, the fines must reasonably related to the conduct which the association is attempting to prevent. I agree with you that $500 per occurrence is excessive. You could file a motion in Superior Court and asked the Superior Court to weigh in on this. However, that would require you hire a lawyer or act as your own lawyer. As I mentioned, the first step should be to review the bylaws to determine whether or not they even have authority to impose such a fine. And review the minutes of the meeting where the fine was imposed to ensure the directors follow the rules before imposing this fine. Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.