Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
We own undeveloped land in Arizona in a neighborhood that is governed by a HOA. I received a phone call on Saturday stating that I have until Wednesday to remove the weeds or they will do it for me and bill me the cost. I looked in our rules and regulations and found that I should be given a friendly letter giving me 14 days to take care of the matter. I asked the board member and he said there is an Arizona law allowing the association to go on the property to remove the weeds. Is there a law and what is the law number? I would like to know what my legal responsibilities are if someone is injured while mowing my property without my permission.
That’s a very specific question that needs to be addressed to a local attorney, since the rules governing HOAs vary fairly widely from place to place. Most likely, the HOA does have the right to go on the land for weed abatement; that’s a pretty typical right. Whether they have met their notice obligations before doing so is again specific to your area (and possibly to your HOA).
As for liability, it is never a good idea to own land without appropriate insurance, even if it is undeveloped.
