Arizona residents who choose to live in a condominium or cooperative will understand the various benefits they are accorded. They do not need to be solely responsible for the maintenance and upkeep of the entire structure as they would be if they owned a private house and there are outlets to manage the property.
There are rules in place that must be adhered to by all the fellow owners. The costs are shared. However, the homeowner association (also referred to as an HOA) has certain responsibilities for overseeing the property. Not all the different owners will be onboard with the decisions of the HOA, so it is imperative that HOAs are aware of their rights under state law.
The HOA can legally take various steps as it fulfills its mandate
Every HOA will have the legal right to create and change bylaws and rules as needed. The HOA will have budgets for the property. That includes any revenue it brings, costs it must pay and financial reserves. It can also collect assessments from owners to pay for common expenses. For example, if repairs need to be done, it can ask the residents for a share to cover it.
There will be managing agents, employees, agents and independent contractors who work for the HOA. They can be discharged as the HOA sees fit. For legal concerns, the HOA can move forward with a filing, defend against a claim or intervene in litigation or an administrative proceeding for itself or for the owners if there are issues with the condominium. It has the right to make a contract or incur expenses.
A benefit that people often cite when the own a condominium are the common elements. There could be a play area for children, a gym, a pool, a parking lot and a garden among other amenities. These must be maintained, improved or repaired. That is overseen by the HOA. One of the key roles of the HOA is to ensure that every owner is adhering to the rules and addresses violations. If an owner is not properly maintaining the property, they are held accountable.
HOAs must have the legal backing to fulfill its role
There will inevitably be disagreements when people are sharing the costs and benefits of condominiums and cooperatives. The HOA is meant to smooth the process, provide protection and handle challenges as they come up. Still, some owners might not follow the rules and if the HOA needs to flex its legal muscle, it is essential that it have help in doing so. For every part of an HOA, it is wise to have experienced assistance.