Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

We have been having issues with one particular Board

Customer Question
We have been having...

We have been having issues with one particular Board Member(Treasuer) which started 8 months ago. She violates us for every little thing. Right now she insist that we remove the non permanent Gazebo down, that it is over two feet from there policy height. She also now, after having the Security Door up for 4 years, wants us to remove the door, the joint fence that belongs to the President of the Board previous tenant destroyed the conjoint fence, so we put up new fencing attached to the already exsisting fence, and now she wants it down. it just goes on.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I have sent them photos regarding the fence, showing them measurements that it is not the height it says it is, further more, I sent them letters according to there own CC&R that the owner of the fnce causing the damage is responsible, but to no avail. As far as Gazebo goes, Ive informed them its a non-perminant gazebo, everyone here has one, I feel she is being discriminatory towards all people of color.

Lawyer's Assistant: Where is the property located?

I had an issue 8 months ago with the Presidents previous tenants, took them to court to get a Injuction of Harassment and prevailed, ever since, she wrote falsified letters to my landlord, tells new tenant things about us, gets community to watch us and take photos. Property is at 3127 W. Manzanita Drive, Phoenix, Az 85051

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well there is so much, she had her dog attack my son, then on another time she told my son to get out of here, he was nothing, they threw him out of a Board Meeting, they stood by mailman as he was screaming at both of us accusing us of turning him in, violated us for having Christmas Wreath on to long till Janurary 30. and more!

Submitted: 4 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
3/18/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,471
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
What A.R.S. states we can not have a non-perminant Gazebo and the what I feel is alimited common element, can she make my landlord remove security door
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

Interesting. I see you are trying to request a phone call and I think that may be appropriate given the details and issues here. You may need to contact your bank to authorize the charge.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
Funds were transferred into my account, for some reason it is not allowing me to update?
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

You can always contact Just Answer’s Customer Care team by clicking here or calling them at 1-***-***-**** because they are the ones who can help you get this straightened out:-)

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,926
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

The Attorney that you were working with opted out.

I am an Arizona licensed Attorney and it will be my pleasure to assist you.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
No, Ive already paid for e mail response
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

This is the only format that I can respond in.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

It sounds as though this is an HOA, Is that correct?

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
I feel that we are being harassed and attacked by this one board member, but the others back her up.Are you able to see the previous conversation I had with the previous Attorney
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

Yes, I am able to see your previous conversations.

Since this is an HOA we need to review the governing documents of the HOA as Arizona Revised Statutes would follow the properly recorded CC&R's.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

If this is discrimination and it sure sounds that way you will want to file a fair housing discrimination complaint. There is also a branch of the State that the deals with HOA issues. Let me provide the link.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago
Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
I need to know the A.R.S. statues that relate to being allowed to have a non-perminant Gazebo, Security Door, and why they are not allowing my 37 year old son not to attend the Board Meeting, we have Power of Attorney from our landlord.
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

We need to see what the governing documents of the HOA state. ARS will honor the governing documents. What do the governing documents state?

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

These are the laws and statutes that govern HOA's in Arizona

"Homeowner Associations are governed by a chain of governing documents and laws.

  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
  • The Bylaws are the rules for management and administration.
  • Resolutions are additional rules and regulations that the association may adopt.
  • Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.
  • Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.

Considerations:

  • State laws affecting Common Interest Communities vary widely.
  • Bills affecting Common Interest Communities are frequently being introduced in state legislatures and may be in different stages of consideration, approval, or enactment.
  • It is not uncommon to find conflicts within or between governing documents such as the covenants and the bylaws. There may also be conflicts between governing documents and statutes. When this occurs, attorneys must often consider applying Rules of Intepretation.
  • Because of the wide variance in state laws, constant changes and possible conflicts in governing documents or statutes, it is strongly recommended that association boards and members seek legal counsel and especially with firms that have expertise or strong practice experience in the area of Common Interest Community law. A good starting point is to check the HOA-USA Partner Directory for your respective state.

Arizona Laws:

  • Nonprofit Corporation Statutes generally apply to any incorporated Common Interest Community. In Arizona, look to the Arizona Nonprofit Corporation Act (A.R.S. 10-3101 et seq.) Title 10, Chapters 24-40
  • Arizona Revised Statutes, Title 33 - Property, Chapter 9 - Condominiums, Articles 1-4
  • Arizona Revised Statutes, Title 33 - Property, Chapter 16 - Planned Communities, Article 1
  • Arizona Revised Statutes, Title 33 - Property, Chapter 20 - Timeshare Owners' Association and Management Act, Article 1" https://www.hoa-usa.com/statelaws/az.aspx
Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
which are the governing documents, there CC&Rs and bylaws?
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

Exactly. The board MUST honor the bylaws and CC&R's.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

These are the governing documents:

1. The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.

2. The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.

3. The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.

4. The Bylaws are the rules for management and administration.

5. Resolutions are additional rules and regulations that the association may adopt.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
well, I had already ben reading a lot of the statues and bylaws, but could not find an area in regards ***** ***** gazebo and security door, that's why I reached out to you all, but to no avail. I still have to do research my self. thanks anyways
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

If you can attach the documents I can assist you.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

Each HOA has their own rules and regulations so without reading the documents there is no way to know what is stated within them. To answer your initial question there is no Arizona Revised Statute that addresses this matter.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

"What A.R.S. states we can not have a non-perminant Gazebo and the what I feel is alimited common element, can she make my landlord remove security door" There is no statute that deals with these matters. If there is an HOA the governing documents would set out the requirements. If there is no HOA local ordinances would apply.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,926
8,926 Satisfied Customers
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.

Attyadvisor is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I live in a townhome/condominium in Houston with a
Hi, I live in a townhome/condominium in Houston with a Homeowners Association, and the back fence on our building of 8 homes came down with the winds during Hurricane Harvey. Four of the homes had a 1… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
We had an incident the other night, where myself and 3 friends
We had an incident the other night, where myself and 3 friends went to the pool in our subdivision after hours. The HOA president called the police told them that we were trespassing and hopped the fe… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I live in NC..my neighbor planted a row of trees ..can
I live in NC..my neighbor planted a row of trees for property..can I enforce the six foot height law that applies to man made privacy fence?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
HOA is refusing a dog kennel for us to let the dogs out to
HOA is refusing a dog kennel for us to let the dogs out to go to the bathroom. My wife has MS and she needs to be able to let them out the back door to a kennel. We have offered to build it to their s… read more
Attorney 1
Attorney 1
2,703 satisfied customers
1. We have lived under a HOA for 20+ years. Bylaws have never
1. We have lived under a HOA for 20+ years. Bylaws have never been changed, however the members and "rule" change quite frequently. Many of the "rules" are changed without notice to the homeowners. Th… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
I received info from you on my problem on 9/14/12. I was pleased
I received info from you on my problem on 9/14/12. I was pleased with the answer. Now the HMO informed me they will be tearing down my fence on 8/31/13 but will enclose the concrete pad with part of i… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
I live in a town house in Florida. Ive had several run-ins
I live in a town house in Florida. I've had several run-ins with our next door neighbor (houses and backyards are adjacent. Tearing up UPS/FedEx notes left for us. Throwing away our christmas wreath (… read more
Richard
Richard
Owner
Doctoral Degree
4,519 satisfied customers
Our HOA (we are in Ohio) rules require fence plans to be submitted
Our HOA (we are in Ohio) rules require fence plans to be submitted and approved by the HOA Board. Plans must specify material, location, color, model, etc. There are no specific design elements ( such… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I purchased my condo 7 years ago. It came with a fence on
I purchased my condo 7 years ago. It came with a fence on the patio outside of the bedroom. Recently I have been informed that it is not attractive and the Board plans to remove the fence citing a vag… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I cannot find a lawyer to represent me in a nuisance complaint
I cannot find a lawyer to represent me in a nuisance complaint against a renter and my HOA who selectiveness in enforcing bylaws has encourage harrassing behavior of this tenant. Please someone give m… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
Good Morning, For the past few years, we have had an issue
Good Morning, For the past few years, we have had an issue with our HOA whereas we built a backyard property fence that did not conform to community guidelines and community regulations. The community… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I have built free standing walls in my upstairs loft. I have
I have built free standing walls in my upstairs loft. I have clipped them to the wall with large door hooks. I can remove them and take them with me the next time. Problem Code Compliance is on my cas… read more
C.Fortunato
C.Fortunato
J.D.
26 satisfied customers
My husband and I are looking for an attorney to help us. We
My husband and I are looking for an attorney to help us. We are in battle with our HOA. Recently we had a fence, playground and storage house installed in our back yard. Our covenats reads that cornor… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My husband and I are looking for an attorney to help us. We
My husband and I are looking for an attorney to help us. We are in battle with our HOA. Recently we had a fence, playground and storage house installed in our back yard. Our covenats reads that cornor… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Hello I found your information via Google. My husband and I
Hello I found your information via Google. My husband and I are looking for an attorney to help us. We are in battle with our HOA. Recently we had a fence, playground and storage house installed in ou… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have recently been elected as president in our HOA. The
I have recently been elected as president in our HOA. The person who came to be vice president was never really given a "yay" or "nay". The guy running the meeting just said since I was president, thi… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
i have a property in san diego,california that has an easement
i have a property in san diego,california that has an easement to my neighbor. im the servient estate owner. i erected a fence not knowing there is an easement for ingress and egress to my neighbors g… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
We are building a pool in Texas. Our old wood fence (constructed
We are building a pool in Texas. Our old wood fence (constructed by the home builder) was in horrid condition - warped boards, etc. For safety reasons, we chose to build a new, 8' fence. However, the … read more
Tina
Tina
Attorney and Counselor at Law, Mediator
Doctoral Degree
31,168 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x