Paradise Valley, AZ asked in Real Estate Law for Arizona

Q: Am I responsible for penalty fees from my AZ HOA if the Property Mgr. mails the penalty info to the wrong mail address?

Unbeknownst to me, the property management company for my HOA has been sending official HOA mail to an address at which I lived (rented) when I purchased the condo. I have lived in this condo continuously for 13 years and have used this condo address as my mailing address ever since the day that I moved in. The property management company has never asked me to confirm my mailing address. I have been charged several times with fines of which I was completely unaware because the mailing was sent to the wrong address.

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2 Lawyer Answers

A: Based upon the information you disclosed, my opinion is that you owe the fines. In most cases, keeping. your address current is your responsibility. Check your CC&Rs and/or Rules and Regulations. These documents may speak to these issues.

Anthony M. Avery agrees with this answer

Anthony M. Avery
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Answered

A: If you bought property subject to a HOA, then you must comply with their rules. This includes paying fees even when the HOA is at fault. Otherwise they will foreclose on the fee lien.

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