Published in Real Estate Agent Magazine
In an article published on June 30 in Real Estate Agent Magazine, VF Law Associate Tristen Addington writes of the difficult issue Arizona HOAs face regarding homeless encampments within or adjacent to their communities and discusses the HOA’s responsibility to protect property values, maintain safety, and enforce community standards.
“HOA boards still have a duty to protect property values, maintain safety, and enforce community standards,” writes Addington. “Whether through prevention, foreclosure, abatement, or injunctions, boards can and should act decisively when a neglected property threatens the health, safety, and cohesion of the community.”
Foreclosure may even be necessary if homeless encampments are tied to an abandoned, neglected, or rented property. To avoid getting to that point, however, Addington recommends that HOAs be proactive in deterring unauthorized overnight stays with lighting and surveillance, working with social services and law enforcement to address urgent situations promptly, or even adding fences, gates, or regular patrols to vulnerable areas. Above all, he says, HOAs must approach the issue of homeless encampments with empathy, while attending to their duties to the association and residents.
“Homelessness is a complex issue, so when possible, it’s best to connect these individuals with social services, local shelters, and other outreach help,” he writes. “By combining legal strategy with thoughtful prevention and consistent enforcement, HOAs can navigate these issues responsibly and maintain the integrity of their neighborhoods.”
Read the story in full, click here.