James R Wood’s Answers

James R Wood

Tempe Litigation Lawyer.

Contributor Level 7
  1. HOA Fees & Insurance Collection in Arizona After Chapter 7 Approval

    Answered about 2 years ago.

    1. Olga Zlotnik
    2. James R Wood
    3. Gary D. Bollinger
    4. Diane L Drain
    5. Michael A. Goldstein
    5 lawyer answers

    I agree with the attorneys who have answers so far but will simplify it this way: you owe it while you own it. Until there is a deed in someone else's name, the HOA will continue its full court pressure to collect. You could have some defenses or perhaps negotiate the issue. It would be wise to check with an attorney on the HOA part of your question.

    5 lawyers agreed with this answer

  2. Ex-wife foreclosing on condo owes HOA

    Answered about 2 years ago.

    1. James R Wood
    2. Stephen M Trezza
    3. Gary A Kester
    3 lawyer answers

    Great question. Your facts are complicated and there are many "it depends" answers to them. In general, a homeowner owes assessments while they are the owner. If Mr. Jones owns the property from January 2008 until the present and there has been no deed to transfer the property out of his name, it is likely that Mr. Jones would owe the HOA for those assessments. It matters little if Mr. Jones was living there or not. The divorce of Mr. and Mrs. Jones complicates the matter between them but...

    4 lawyers agreed with this answer

  3. What type of lawyer do I need for alleged non payment of HOA fees?

    Answered almost 2 years ago.

    1. James R Wood
    2. James Portman Webster
    3. Dorothy G Bunce
    3 lawyer answers

    In general, CC&Rs and the obligation to pay assessments is a contract in Arizona. In addition, HOAs in Arizona have contractual and/or statutory liens to protect them in case of non-payment. HOAs then use various legal methods to collect. It's a wise idea to contact an attorney who handles these specific kinds of debts and litigation cases. While many attorneys handle contract litigation, there are a few who specifically help homeowners with problems just like these. I agree with the...

    3 lawyers agreed with this answer

  4. Are HOA Liens dischargeable through chapter 7?

    Answered almost 2 years ago.

    1. Carl H Starrett II
    2. Michael J Corbin
    3. James R Wood
    4. Diane L Gruber
    5. Steven W Zachary
    6. ···
    6 lawyer answers

    Interesting and all too common question. From the bankruptcy prospective, I agree with the other lawyers who have posted here. So what to do about the lien? Obviously, a homeowner could simply pay the amount and the lien will be released. But be careful, in Arizona if the lien is more than $1200 or for a year or more of assessments, the HOA still has the right to foreclose on the lien. It's an unusual circumstance indeed that a homeowner is free of the debt personally but could still...

    3 lawyers agreed with this answer

  5. Can my HOA force me to remove structures in violation of the CC&R's?

    Answered about 2 years ago.

    1. James R Wood
    1 lawyer answer

    There are lots of interesting issues in your fact pattern. In Arizona, fines are really an empty threat. An HOA can only collect fines if they sue you. There isn't any legal limit on how much they can fine, but the statutes state that a homeowner must be given notice and an opportunity to be heard before an HOA can assess the fines. Also, there is also a strong chance that homeowners who have a violation and that violation exists for a long time or is committed by other owners without...

    2 lawyers agreed with this answer

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  6. Can my hoa cut off amenities without notice to home owners

    Answered almost 2 years ago.

    1. James R Wood
    2. Celia R Reed
    2 lawyer answers

    This is a good question. In general, the CC&Rs are the contract that guides owners in HOAs about the maintenance and repair of the common areas like a pool, etc. However, those maintenance requirements and decisions are for the Board of Directors to make. This means that the Board may make decisions at its meetings about the timing and duration of such maintenance and repairs. I would say that Arizona law does impose a duty on how board - that duty is to act reasonably and in a fiscally...

    2 lawyers agreed with this answer

  7. Can my hoa foreclose on my home? They were just granted a default judgment for $2800

    Answered about 2 years ago.

    1. Evan A Nielsen
    2. James R Wood
    2 lawyer answers

    Good question. I'm sorry that this has happened. In general, an HOA in Arizona has the right to foreclose on the assessment lien. Those are the monies that you owe for deliquent assessments, late fees, collection fees and legal fees incurred in the collection process. Arizona law also says that if the assessments are more than one year or $1,200 past due, the HOA can file a lawsuit and foreclose on those unpaid charges. Any charges older than three years can be foreclosed. Many HOAs...

    2 lawyers agreed with this answer

  8. Neighbor is running a genorator for power but i can hear it clearly in my bedroom is that legal

    Answered about 2 years ago.

    1. James R Wood
    1 lawyer answer

    This is an interesting question. In general, Arizona recognizes two kinds of claims for nuisance: public and private. Here, this is likely a private nuisance issue. Nuisance issues are often difficult to prove and must be well supported by evidence but also there needs to be some tangible damages as well. Neighbors do have duties to one another in this area, but proving your neighbor breached that duty can be tricky. It also is important to understand if there are any other claims...

    1 lawyer agreed with this answer

  9. Is an HOA declarant bound to provide amenities listed in marketing materials?

    Answered about 2 years ago.

    1. James R Wood
    1 lawyer answer

    This is a great question and one that often has come up in the downturn of the real estate market here in Arizona. In general, developers and declarants have broad discretion about how they handle the Association and its amenities. While they are in control, they often have unilateral authority to amend documents, change common areas, etc. However, the promises and materials provided to prospective and actual buyers regarding Association amenities can possibly be required of the declarant....

    1 lawyer agreed with this answer

  10. Who is responsible for water damage repair from leak in condo?

    Answered about 3 years ago.

    1. James R Wood
    2. Bryant Keith Martin
    2 lawyer answers

    The insurance could be somewhat of a red herring. This could be a straight contract issue - the HOA's CC&Rs might contain specific language about this issue. Many do. The other concern in condo leaks is who is ultimately responsible for the source of the leak, not necessarily who caused it. My experience is that oftentimes HOAs and their insurance carriers do not always know their own documents and boards sometimes rely too heavily on the insurance agent to interpret the contractual CC&Rs....

    1 person marked this answer as helpful