How can a seller challenge an HOAs interpretation of the legislation?
The seller should be advised to consult legal counsel. Thereafter, the seller may choose to try to resolve the issue with the HOA informally. If informal discussions do not result in a resolution, the seller may choose to file a lawsuit for injunctive relief and damages or file a complaint with the newly formed HOA dispute resolution department (for more information go to www.dbfs.state.az.us/OA/Downloads/HOA%20Package04012007.pdf). AAR General Counsel Michelle Lind is a State Bar of Arizona board certified real estate specialist and the author of Arizona Real Estate: A Professional’s Guide to Law and Practice. AAR Governmental Affairs VP Tom Farley is the association’s lobbyist and primary legislative advocate. Note: This article is of a general nature and may not be updated or revised for accuracy as statutory or case law changes following the date of first publication. Further, this article reflects only the opinion of the authors, is not intended as definitive legal advice and you
