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.
“I am a homeowner in an HOA community just north-west of Phoenix, My question is: A group home is next door to me. I was not notified from the HOA or from the state, or the home owner of that home. What are my Rights on this. Do I have a right to complain to our HOA or the HOA management.”
Typically sellers and agents in real estate transactions have a duty to disclose material facts to the buyer before a purchase and sale agreement is signed. Material facts include all known defects that would affect your use of or enjoyment of the property such as a leaky basement, cracked foundation, fire damage, etc… Whether the existence of the group home is a material fact is something the courts would have to decide, but it seems unlikely.
That said, your question is “Do I have a right to complain to or HOA or the HOA management?” As a member of your HOA, you certainly have a right to voice your concerns. However, unless the group home is also part of the HOA there isn’t much that the HOA (or even your local government) can do about it – even if they agree with you. Group homes (particularly for persons with disabilities) are protected under the Federal Fair Housing Act, which prevents discrimination against persons with disabilities (including group homes).
