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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Our HOA in Scottsdale, AZ wants to assess my wife and I a

Customer Question

Our HOA in Scottsdale, AZ wants to assess my wife and I a fine for a verbal altercation we had with an upstairs neighbor who filmed it on her iphone. Harsh words we exchanged, but it was a private conversation between two neighbor. Scottsdale City Court has already ruled against their request for a cease and desist and harassment order (twice). Who has precedent---HOA or City Court of Scottsdale?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Arizona
JA: Has anything been filed or reported?
Customer: no, we just received a notice from the attorney for the hoa board of a pending fine, but we don't know on what legal basis they are pursuing. nothing in hoa states this or amount of fines, so this seems to be arbitrary
JA: Anything else you want the lawyer to know before I connect you?
Customer: the upstairs neighbor has twice called me dirty Jew but I never pursued it and we have filed complaints with the police who will not mediate this or pursue this any further. Also neighbor has refused voluntary mediation City of Scottsdale offers, twice.
Submitted: 9 months ago.
Category: Legal
Expert:  LegalKnowledge replied 9 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 9 months ago.

I certainly understand the situation and your concern. Yes, you are right. There needs to be the power and authority in the rules and regulations, for them to impose this fine. I say this because this was an issue/dispute between you and the neighbor and I find it hard to believe they could step in and simply issue a fine, for something that has nothing to do with the actual property. The HOA is supposed to act in the best interest of the community. How fining you over this verbal argument does that, is odd, so you want and should ask them to cite the authority they have, to do this.

Customer: replied 9 months ago.
Need a response and answer a/s/a/p. Do you practice in AZ? and what city?
Expert:  LegalKnowledge replied 9 months ago.

Yes, I provided my answer above.

Customer: replied 9 months ago.
I specifically asked which takes precedent....civil-city law or the hoa cc&r's. you didn't answer that. you were vague and ambiguous. Just answer the question. Do you practice as well in Arizona,,,IMPORTANT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Expert:  LegalKnowledge replied 9 months ago.

No, I do not. As far as precedent, there are two separate issues. The fact that Court would not impose the order or enforce their cease and desist letter/request, has nothing to do with the right of the HOA, to impose a fine IF the rules and regulations allow it. Those are what is going to control and unless the power is given to the HOA to do this, they can not assess and impose something, outside the scope of their authority.