Understanding New HOA Laws in Arizona
Many people are familiar with the idea of Homeowners Associations (HOAs) even if they have never owned a home in an HOA-governed neighborhood. Put simply, HOAs are groups of homes or properties that enjoy certain benefits and services in exchange for monthly or yearly fees that maintain common areas. While this may seem mundane, things are changing in Arizona-and these changes affect both families living in (or considering moving to) these communities.
Scott L. Levine is a family law attorney who assists his clients with divorce and cohabitation matters. The following article discusses what HOAs are, how they work, and how comprehensive new HOA laws in Arizona may impact family law and divorce matters.
HOAs are groups of homes or properties that enjoy certain benefits and in exchange for monthly or yearly fees that maintain common areas. These associations are meant to provide a way to keep common areas of properties uniform and well-maintained.
Because these associations are a group, HOA agreements fluctuate and change over time. With these changes come laws affecting HOAs and more specifically, the residents in these associations. Like all law, the HOAs are relevant to the people who live within their boundaries.
The HOA will take care of patching up common roads, maintaining common areas such as pools, and upholding the association agreement. Most importantly, the HOA secures the timely payment of fees, which can run into the thousands of dollars.
The answer is simple-these laws affect how things such as assets are divided in divorce or cohabitation arrangements. HOA laws are most applicable when referring to child custody matters, property division, and other lawsuits that could have a personal property component-namely, residential and rental properties.
Like all things in family law, the important thing is to keep up with local laws. Gathering the facts about local laws and ways that they can impact your family before you take legal action can save you tremendous time and stress.
While many of the laws are not directly related to households, the consequences can be harsh. When it comes to matters such as kids and property division, it is essential to understand the local laws and how they can impact your lawsuit.
Key Changes to HOA Law in Arizona
These changes to HOA laws in Arizona bring up questions about what will happen to the homes in these communities if divorce is being filed or a separation is being sought. Arizona exclusively divides property in the event of divorce-all assets and debts are split down the middle. New laws can change this process or make it run a bit smoother-but more importantly, these laws can affect how a judge sees assets during a divorce.
When a spouse wants to keep the home during a divorce, they must often prove that the home is of greater value to them than the soon-to-be ex will have, considering the marital estate as a whole. Modifications to HOA laws in Arizona may seem like they cannot be of concern during a divorce. However, understanding what the laws say about ownership disputes can be beneficial information for divorcing couples.
Enforcement can severely harm the parties it impacts-especially if some homeowners feel that their privacy has been invaded by people who do not live in the community. For families who have kids, this problem can occur while out with friends who lack the same privileges and amenities.
While these laws are not designed to have much impact on families in the strangest of situations, it is still wise to avoid breaking the law in your community. Familiarize yourself with these laws so that you, your HOA, and judges in your local courts are not left with a headache-especially if you are facing a divorce filing.
These changes to HOA laws in Arizona were recently instated. It is important to recognize what they offer to families living in these neighborhoods and the legal impact that they can have on divorcing couples. Scott L. Levine is a compassionate family law attorney who can assist families and individuals with concerns that may arise due to these laws.
Family law, divorce, child custody, cohabitation agreements-the possibilities go on. Regardless of the legal issue you are facing, Scott L. Levine can help you find the right plan to overcome these recent changes to HOA laws in Arizona.
