HOA Foreclosure: 11 Ways To Defend Your Home In Arizona

Homeowners’ associations (HOAs) keep residential neighborhoods tidy and orderly. However, disputes between homeowners and HOAs can occasionally get out of hand. When such conflicts escalate, it may result in HOA foreclosure. Understanding your rights and possible defenses is essential if you face the danger of losing your home because of this. In Arizona, common defenses to a HOA foreclosure include the following:

Payment Discrepancies

One of the most common defenses against an HOA foreclosure in Arizona revolves around payment discrepancies. Homeowners may find themselves in a situation where the HOA claims they have not paid their dues, assessments, or fines. However, homeowners can counter these claims by:

  • Presenting concrete evidence of timely and full payments
  • Maintaining meticulous records of their bank statements, receipts, and canceled checks

Disputes over Amount Owed

Another defense strategy arises when homeowners dispute the amount the HOA claims they owe. In such cases, homeowners should:

  • Document their objections
  • Actively engage in negotiations with the HOA
  • Address disputes
  • Clarify outstanding balances
  • Try to resolve the matter amicably

Improper Notice

The HOA is required to provide proper notice of its intent to foreclose. Failure to adhere to statutory notice requirements can be a significant defense. Homeowners should meticulously review the notice they have received to ensure compliance with legal requirements.

Arizona Revised Statutes (ARS) §33-1807 outlines the notice requirements for HOA foreclosure. Therefore, if you want to emphasize the importance of compliance, you should try to understand this law.

Statute of Limitations for HOA Foreclosure

Arizona has a statute of limitations for HOA foreclosures. If the HOA initiates foreclosure proceedings after this statute has expired, homeowners may have a valid defense. It’s necessary to determine whether the action was filed within the applicable time frame.

ARS §33-816 establishes the statute of limitations for actions related to assessments.

Failure to Follow HOA Bylaws

If the HOA did not follow its own bylaws or governing documents in pursuing foreclosure, homeowners may use this defense by:

  • Reviewing the HOA’s bylaws
  • Ensuring that the HOA adhered to these guidelines

Equitable Defenses

In some instances, homeowners may present equitable defenses, such as demonstrating hardship or undue burden. These arguments assert that foreclosure would be unjust or inequitable in the given circumstances.


Filing for bankruptcy can provide a reprieve from foreclosure proceedings. Hence, allowing homeowners to restructure their debt. To fully explore this option, you should consult with a bankruptcy attorney.

Quiet Title Action

There are some situations where there are title issues or problems with lien recordings. In such cases, homeowners can pursue a quiet title action to challenge the validity of the HOA’s claim on the property.

Lack of Proper Authorization

It is important to verify that the HOA had the proper authorization from its board or members to initiate the foreclosure. Lack of proper authorization can be a significant defense.

Fair Debt Collection Practices

For example, the HOA or its collection agency engages in unfair or deceptive debt collection practices.  Homeowners may then have a defense based on violations of the Fair Debt Collection Practices Act (FDCPA). For comprehensive information on the FDCPA, you may visit the website of the Federal Trade Commission (FTC).

Mediation or Arbitration

Many HOA governing documents require disputes to be resolved through mediation or arbitration. Exploring these alternative dispute resolution methods can help homeowners avoid foreclosure.

Although confronting a HOA foreclosure in Arizona can be terrifying, homeowners have several strong defenses at their disposal. To assess the specifics of your case and build a solid defense, you should speak with a knowledgeable attorney. To do so, you must find one with experience in Arizona HOA law. Furthermore, preventing disputes quickly and cooperating with the HOA can help prevent the progression of foreclosure procedures.