Jump to content
Sign in to follow this  
JamesWind

HOA Fees for Selling a Home (Reserve Fee - $700+) - AZ

Recommended Posts

I'm selling my home and received notice from my HOA of three fee's totaling $1,090. 

 

Disclosure Fee - $188.50

Transfer Fee - $188.50

Reserve Fee - $713.00

 

My question is specific to the Reserve Fee. I've been told that Arizona Law strictly regulates HOA fees, especially the Disclosure and Transfer fees, however, this other fee seems excessive. Based on AZ law, is an HOA able to make up additional fees and charge whatever they wish without limit?

 

Thanks in advance.

James

Share this post


Link to post
Share on other sites

I've been told that Arizona Law strictly regulates HOA fees

 

Told by whom?  When you asked whomever told you this to cite specific provisions of the Arizona Revised Statutes so that you could look up and read the applicable law, what response did you receive?

 

 

 

is an HOA able to make up additional fees and charge whatever they wish without limit?

 

I'm sure the HOA is able to do this.  If your intent was to ask whether the assessment of this fee is legally enforceable, you will need to review the governing documents to which you agreed when you purchased the place.  To save yourself some time, you might want to contact someone with the HOA and ask what exactly these fees are for and under what authority each of these fees is being assessed.

Share this post


Link to post
Share on other sites

If your home is a condo (you haven't said) then start at ARS 33-1201). If your home is a single family dwelling start at ARS 33-1801.

 

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=33

 

Read the appropriate statutes carefully. If there is nothing limiting the fees your next step is to read your HOA documents and find out what you signed up for when you bought the property.

 

Chances are, however, that the fees are legit.

Share this post


Link to post
Share on other sites

Hi JamesWind,

 

Welcome to the community and thanks for posting. Some other users have pointed you in the correct direction. You can find Arizona Legal Research resources here, and, if your home is indeed a condominium, you can review 33-1260C., which discusses the resale of units and what fees can apply. Consider contacting the HOA to request an explanation or breakdown of the reserve fee. Or, you can confer with a real estate attorney in your area to discuss the fee and your rights. You can use our Lawyer Directory to find an attorney in your area, and many attorneys offer free consultations.

 

Best of luck and let us know if you have additional questions,

The FindLaw.com Team

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...