How does the statute of limitations apply to HOA enforcement of CC&R's in Arizona?

Asked over 5 years ago - Phoenix, AZ

We have lived in our current home for the past seven years and the feature of our home (paint color) has been in its current state for at least the past 10 years. Our HOA is just now trying to enforce this apparent violation.

Does the 6 year (AZ law) statute of limitations on contracts apply to Arizona homeowners with respect to CC&R enforcement?

Attorney answers (1)

  1. Robert M Diamond

    Contributor Level 12

    1

    Lawyer agrees

    1

    Answered . Although you will have to refer to Arizona law, typically the statute of limitations for contracts will not apply because your home's paint color would be considered a continuing violation. However, you might have a defense based on waiver or laches (sleeping on one's rights) because the association allowed the situation to continue so long without objection. You should suggest these defenses to the association (and its attorney) and if you do not get the association to back off, you can either repaint or contact an Arizona attorney familiar with community association law to assist you.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,052 answers this week

3,186 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,052 answers this week

3,186 attorneys answering