Am I Subject to My HOA’s Weed Abatement Law?

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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.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

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Author: House Attorney