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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33178
Experience:  15 years real estate, Realtor. Landlord 26 years
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Golden Valley Property Mgmt,Maricopa Cty, Phoenix, HOA requires

Customer Question

Golden Valley Property Mgmt,Maricopa Cty, Phoenix, HOA requires complaint with my personal info, address, etc in order to file a formal complaint. I've asked to remain anonymous as this particular resident has harassed a former neighbor when she complained (Same complaint: barking dogs all hrs of day/note). This requirement has discouraged 2 others to issue complaint, now me. I believe this relieves HOAs duties to address ALL complaints as complainants don't retaliation, harassment, threats, etc. This works well for HOA Mgmt only as they don't have to do their jobs. I fear for my safety as do others.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..I have read your comments, but I don't see an actual legal question for me to answer...If you can post your legal question, I will try to help...thanksBarrister
Customer: replied 6 months ago.
HOA Management refuses to act/enforce CCRs regarding my complaint of nuisance barking dogs, disturbing peace. HOA person states I'm required to put in writing with my personal contact information which would only jeopardize my safety as they provide my info to violators. I want to remain anonymous unless further legal action is required by HOA. I'm not sure what legal terminology is needed.
Expert:  Barrister replied 6 months ago.
Ok, I understand that you want to remain anonymous...Are you wanting to know if you can take action against the HOA?.Or against the neighbor directly?.Or whether you have to abide by the HOA rules about providing your name?.Or what you can do about the neighbor if he harasses you?,Or something else?.The way this works is you have to post a legal question that I can then provide a legal answer to. I am good, but I can't anticipate what it is that you want to know....thanksBarrister
Customer: replied 6 months ago.
I want to know what state, county law allows HOA to require this of me? I will not call for an answer for additional amount, sorry.
Expert:  Barrister replied 6 months ago.
No worries, I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to take my time with customers and type out my answers so they have them indefinitely...As for your question, HOAs are like "mini governments" that are controlled and governed by their Bylaws and Covenants, Conditions and Restrictions (CCRs). So when a homeowner purchases a home in the development, they specifically agree as part of the purchase to be bound by the Bylaws and CCRs. So this is a contractual agreement between the homeowner and the HOA where the HOA provides whatever services they are obligated to provide and the homeowner pays dues and abides by the Bylaws and CCRs..So when you bought a home in the neighborhood, you agreed to comply with their requirements for identifiable complaints. This kind of makes sense because if anyone could file an anonymous complaint, then unethical HOAs could fabricate complaints to harass homeowners. .However, if the HOA is not enforcing the rules, you could sue them under a breach of contract claim because they have a legal duty to enforce the rules evenly across the entire neighborhood. If they are not doing so, then they are breaching their contract with you..And if the neighbor harasses or confronts you aggressively, you can call the police and file a formal complaint for stalking and seek a restraining order that would prevent any contact with you under threat of criminal prosecution...thanksBarrister
Customer: replied 6 months ago.
Yes, I know I agreed to bylaws. I requested a copy of the exact bylaw for particular HOA policy.
I know that I can also call police, file order of protection, etc but I can't prevent them from poisoning my dog and/or causing property damage as I couldn't prove.........
I assumed HOAs were also governed by state, county law and you would quote Arizona law...........thank you.
Expert:  Barrister replied 6 months ago.
Arizona's HOA laws are under Title 33-1801 to 1818 of the Arizona Revised Statutes...You can see them here: AZ HOA Laws..But nowhere in those laws does it state how a homeowner has to file a complaint with a Board. The statutes don't get into that minutia and leave it up to the HOAs to determine their administrative procedures and rules things like violations...I am sorry that I can't give you more options or tell you that you can get around the HOA's established complaint procedures, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy....thanksBarrister
Customer: replied 6 months ago.
Yes, I understand but hoped I wouldn't have to refer to Az Law myself.
Again, thank you and I wasn't seeking an answer that would make me "happy" but hoped for a direct reference to Az HOA law.
Thank you again.
Expert:  Barrister replied 6 months ago.
You are very welcome. But I can't refer you to something that doesn't exist... As I said, there is no AZ statute that says that a homeowner has to file an open complaint or that says that they can file anonymous complaints. This is something left up to the actual HOA when it is set up and the Bylaws are established. So if you are looking for an Arizona Revised Statute that says you can file an anonymous complaint, you won't ever find one....thanksBarrister
Customer: replied 6 months ago.
Got it...Good bye.
Expert:  Barrister replied 6 months ago.
If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me..If you were unhappy with my service, you can contact JustAnswer's customer service and they will happily provide you with a full refund, no questions asked....thanksBarrister

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