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Arizona Homeowners:

Rise Against Injustice

4.6

100+ Reviews

4.6

100+ Reviews

The Lawyers HOAs Fear:

Jury Verdict
$ 10 M+

For Serious Neighbor Misconduct

Settlement
$ 2.2 M+

For HOA Pipe Leak

Settlement
$ 825 K

For HOA Water Intrusion

Judgment
$ 800 K

For Neighbor Harassment

Settlement
$ 485 K

For HOA Failed Repairs

Settlement
$ 400 K

For Termite Damage

Do You Have a Case?

If you’re experiencing any of these situations, you have legal options to fight for your rights—and your HOA might even pay your legal fees if you win.

Failure to Repair
CC&R Violations
Harassment & Discrimination
Common Area Disputes
Selective Enforcement
Breach of Fiduciary Duties
Failure to Repair
  • Roof damage
  • Exterior and siding damage
  • Failure to paint
  • Termite tenting/abatement
  • Upkeep of amenities (e.g., pools, tennis courts, clubhouses, etc.)

CC&R Violations
  • Architectural provisions
  • Pet Restrictions
  • Short-term rentals
  • Solar panels
  • Accessory Dwelling Units (e.g., ADUs, mother-in-law suites, granny units)

Harassment & Discrimination
  • Failure to conduct a proper investigation
  • Failure to comply with notice and hearing requirements
  • Excessive fines (including late fees and attorney’s fees)
  • Nightmare neighbors

Common Area Disputes
  • Exclusive use maintenance and repair obligations
  • Refusal to repair patios and balconies
  • Refusal to be accountable for common area plumbing leaks
  • Shared-wall disputes
  • Foundation repair
  • Failure to maintain slope or repair associated damage
Selective Enforcement
  • Preferential treatment
  • Ignorance of specific rules
  • Harassment
Breach of Fiduciary Duties
  • Misuse of HOA funds
  • Inappropriate vendor/contractor bidding and selection
  • Preferential treatment of board members
  • Self-dealing
  • Diminished property values

What Are Your Legal Options?

You need an attorney who knows how to choose the smartest legal path. We can guide you through the pros and cons of each to reach your objective.

5 Reasons Set Us Apart

Real Results

Our verdicts and settlements speak for themselves.

Smarter Strategy

Strategy and tech win the battle , not size and legacy.

Hands-On Partners

Our partners work the case, not just the pitch.

Your Goals First

We fight for your definition of success, not ours.

Honest Opinions

You’ll get the truth. Even if we’re not the ones to hire.

How to Choose the Best Attorney?

A good lawyer is the difference between winning and losing. Protect your rights by choosing attorneys who:

Frequently Asked Questions

What happens next after I fill out the contact form?

After receiving your form, our Client Services team reviews your information. We’ll then match you with the attorney best suited to your case and reach out directly to schedule your consultation.

When should I expect a callback after contacting you?

We typically respond within 1–2 business days. It may take slightly longer if it’s over a weekend or holiday.

Who will be calling me?

A member of our Client Services team will contact you first. They'll explain our consultation process and help you schedule your appointment with the attorney.

What should I expect during my initial consultation?

Your initial consultation is a one-hour conversation with an attorney to understand your situation, outline your legal options, and recommend the best next steps.

What are my rights if my HOA is acting unfairly or abusively?

Arizona law protects homeowners from HOA misconduct. If your HOA enforces rules inconsistently, discriminates, or misuses funds, you may have legal remedies under Arizona statutes like the Planned Communities Act or Condominium Act.

Can I sue my HOA in Arizona?

Yes. You can take legal action if your HOA violates its governing documents, breaches fiduciary duties, fails to comply with state laws, or acts outside its authority. Some cases may require pre-litigation efforts like good faith attempts to resolve the dispute.

What laws regulate HOAs in Arizona?

Arizona HOAs are regulated by the Arizona Planned Communities Act (A.R.S. §33-1801 et seq.) and the Arizona Condominium Act (A.R.S. §33-1201 et seq.), which set rules for HOA operations and protect homeowner rights.

Is my HOA allowed to fine me without proper notice in Arizona?

No. Under Arizona law, HOAs must provide written notice and an opportunity for a hearing before issuing fines or penalties.

Can my HOA block me from renting out my home?

Arizona law limits an HOA’s ability to restrict rentals. Any rental restrictions must be clearly recorded in the community’s CC&Rs—not just added by board rules—and cannot be applied retroactively.

What if my HOA blocks my ability to install solar panels?

Arizona law (A.R.S. §33-1816) protects homeowners’ rights to install solar panels. HOAs can impose reasonable restrictions, but they cannot ban solar energy systems outright.

Can the HOA force me to remove plants, décor, or personal property?

Only if restrictions are clearly stated in the HOA’s governing documents and enforced uniformly. Selective enforcement can be legally challenged.

Who is responsible for fixing shared walls, roofs, or plumbing systems?

Responsibility usually depends on the HOA’s governing documents. Generally, HOAs are responsible for maintaining common areas, but definitions can vary by community.

What if my HOA refuses to maintain common areas and it causes damage?

You can pursue a legal claim for breach of duty if the HOA’s failure to maintain common areas leads to property damage or financial harm.

Do I have to try mediation before suing my HOA in Arizona?

In many cases, Arizona law encourages or requires dispute resolution efforts, such as negotiation or mediation, before escalating to litigation.

Can LPC help even if I’m unsure I need legal representation?

Absolutely. We offer honest evaluations to help you understand your options and whether hiring an attorney is the best move for your situation.

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This website, and its contents, conveys general information about Lubin Pham + Caplin LLP. It should not be relied upon as legal advice. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. Lubin Pham + Caplin LLP does not sponsor, endorse, verify, or warrant the accuracy of the information found at external sites or subsequent links.

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