The #1 Way to Appeal Your Arizona HOA Easement Violation
An easement is another party's legal right to cross or use another person's property. Although an easement doesn't grant the second party possession of the property, it does allow them to use it. Generally, members who violate HOA easements may result in fines or penalties. If you want to appeal Arizona HOA easement violation fines, DoNotPay is here to help. We will generate a formal appeals letter for you outlining your rights as a homeowner. We will also argue the alleged violation was either a mistake or unfair due to selective enforcement.
How Are Easements Created in Arizona?
Most easements are created through a written agreement with the landowner. The agreements express all easements the estate will grant to another property or person. The legally binding document is recorded to put others, especially subsequent property purchases, on notice of the easement's existence. Before you buy any property, carefully review titles explaining any written or recorded easements. You should also physically inspect the property to determine the easements, not in recorded documents.
What Areas Are Covered by HOA Easements in a Community?
HOAs may stipulate that community members are allowed to use a pathway cutting across a private yard. The legal holder can prevent anyone but not the easement holder from using the land. Easement rights also extend to common areas within the community, such as:
- Tennis courts
What Are the Common Easement Violations?
Generally, it is the homeowner's responsibility to maintain easements located on their property. Failure to do so may result in a violation. Other easement violations include:
- Planting on the easement area
- Building anything on the easement area
- Erecting any fencing along an easement
What Happens if You Breach an Easement?
Breaching an easement may result in serious consequences, including assessment of fines, penalties, and court actions.
How Much Are Arizona HOA Fines?
The Arizona Court of Appeals recently imposed restrictions on HOA fines and penalties against homeowners. The Arizona law stipulates that HOAs must charge reasonable monetary penalties.
What Are the Rights of the Homeowner Under an Easement?
As a landowner, you are free to do anything you want on the land, provided it doesn't interfere with the easement holder's use. On the other hand, the easement holder can do whatever is necessary to enjoy the purposes for which the easement is granted. Currently, most HOAs charge fines of a minimum of $25.00 for an initial violation and $50.00 for a second violation.
What Should I Do if the HOA Rules or Enforcement Are Unfair?
Homeowners in Arizona have the right to object to HOA rules if they believe them to be unfair. The first step is to approach the board of directors and request adjustments to the rules. You can escalate the matter to a small claims court if the board fails to address your grievances. You can also file a lawsuit in the high court against the HOA for breaking its own rules it set for residents.
When Are HOA Fines Not Enforceable in Arizona?
The Arizona law stipulates an HOA must first hear you out before issuing a fine. If the HOA board fails to give you an opportunity for a hearing before they impose a fine, it becomes illegal and not enforceable.
How to Appeal Your HOA Fines on Your Own
The following are some steps to appeal your HOA fines on your own:
- Review HOA rules and regulations to determine whether you are indeed in violation
- Establish your grounds for appeal. For example, determine whether the HOA followed the right procedure for issuing the fine. You should also determine whether you are a victim of selective enforcement
- Gather all documents and evidence to support your appeal
- Write a letter to the HOA board explaining you intend to appeal
- Follow the appeal procedure as provided by HOA laws and guidelines
- Wait for the HOA's decision.
How to Appeal a Fine from Your HOA Using DoNotPay
If you want to appeal a fine from your HOA but don't know where to start, DoNotPay has you covered in 4 easy steps:
- Tell us why you received the fine (what violation are you being accused of)?
- Tell us the amount you are being fined for.
- Describe why you think this fine is wrong or unfair. For example, the alleged violation may have incorrect details, or you may appeal on the basis that the rule is selectively enforced and discriminatory.
- Enter the date you received this fine and whether or not you received prior warnings.
That's all! DoNotPay will send the demand letter on your behalf with a two-week deadline for their representatives to resolve the issue or contact you with more information. You can escalate the issue to a small claims court using our Sue Now product if they don't.
If you have an urgent complaint that needs to be resolved by your HOA, DoNotPay can help! Just use the "File an HOA Complaint" product to have DoNotPay draft a well-crafted complaint letter for you.
DoNotPay Is Here to Help You Appeal Arizona HOA Easement Violation Fines
Arizona easement violation fines can be a substantial financial burden. If you feel the fine is unreasonable or was issued unfairly, you have a right to appeal it. DoNotPay can help with the appeals process. Join us today to appeal your violation fees in less than 5 minutes!
What Else Can DoNotPay Do?
Solving your HOA fine issues is just one of the many things that DoNotPay can help you with. Here’s how else they could be of help:
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