Self-help, which typically means a community association’s right to cure a violation on a lot/unit, is somewhat of a controversial legal remedy. The authority to exercise self-help, circumstances under which self-help is allowable and/or advisable, and the proper protocol (i.e., procedure, notice, etc.) are all dependent upon the provisions in the governing documents.
However, if your community is considering exercising self-help and/or if your community previously exercised self-help, a recent Arizona Court of Appeals decision may be of interest. In Avalon Hills Condominium Association v. Roger M. Lang, et al.[1], the Arizona Court of Appeals affirmed the trial court’s findings that a community association’s self-help costs are considered not only the personal obligation of the owner, but also a lien against the owner’s lot/unit.
In Avalon Hills, the trial court originally granted judgment in favor of the association and against the Langs, which provided, in relevant part, that the judgment:
(1) included a permanent injunction directing the Langs to “bring Unit 270 into compliance with the Declaration on or before August 31, 2020, and then to continue keeping Unit 270 in compliance;” (2) granted the Association the ability to bring Unit 270 into compliance should the Langs not do so; (3) determined that “any monies expended” to bring Unit 270 into compliance “are, per Articles 5 and 7 of the Declaration, not only the personal obligation of [the Langs], but also, secured by a lien against Unit 270, and treated in the same manner as a past due Assessment as per Article 7.2.4 of the Declaration;” and (4) awarded the Association attorneys’ fees and costs.
After the Langs failed to bring the lot/unit into compliance, the association expended monies to contract with a private security company to monitor the Langs’ lot/unit in an effort to abate the violations. The trial court awarded the association a supplemental judgment for the costs of the private security company and determined that such costs are considered not only the personal obligation of the owner, but also a lien against the owner’s lot/unit.
Pursuant to Arizona law, community association liens are potentially subject to foreclosure (contingent upon meeting certain statutory requirements), and therefore, the implication is that self-help charges are potentially subject to foreclosure.
If your community is considering exercising self-help as a legal remedy and/or if your community has previously exercised self-help and is having trouble collecting the charges, please contact Mulcahy Law Firm, P.C. for legal assistance.
[1] Please note that this case is unpublished and therefore does not create binding precedent in Arizona.
