As homelessness continues to grow in Arizona, many homeowner associations (HOAs) are finding themselves on the front lines of a difficult and often sensitive challenge: addressing homeless encampments that take root within or adjacent to their communities. While the issue touches on broader societal problems, HOA boards still have a duty to protect property values, maintain safety, and enforce community standards.
Fortunately, HOAs in Arizona are not without tools. Through a combination of legal enforcement and practical prevention, associations can address these situations responsibly and effectively — particularly when encampments are tied to neglect by a specific property owner.
Foreclosure as a Last-Resort Enforcement Tool
In cases where homeless encampments are tied to an abandoned, neglected, or rented property, the HOA may face repair costs for surrounding common areas that are damaged by the encampment. Community Governing Documents often allow these repair costs to be assessed directly to the negligent owner through standard assessment practices. When a homeowner fails to pay these assessments in this scenario, foreclosure can become an option that the HOA can take by enforcing its lien rights. Many times, this will be the step that gets a homeowner to take action so that they do not lose the property.
Foreclosure is a serious step, but it gives the HOA the ability to regain control of a property that has become a safety hazard if the owner chooses not to pay their assessments and correct the violations. Once in control, the association can begin the cleanup process and prevent further unauthorized occupation.
Sending a Criminal Abatement Notice to the Property Owner
When a homeowner allows — either through negligence or tacit approval — their property to become overrun by squatters or encampments, the HOA can issue a criminal abatement letter. This formal notice outlines the violations occurring on the property and demands prompt corrective action by the owner. If the owner fails to correct the conditions on their property within the time prescribed to them, an Association may then pursue a restraining order to abate and prevent continuing or recurring violations and/or criminal activity. If the owner still fails to cooperate and to abate the violation, the appropriate authorities can abate the violation, and their costs will be a lien on the property.
Even though it is not a legal filing, a criminal abatement notice is important to document how the HOA has tried to enforce compliance. This step can sometimes be the push to motivate the property owner to take action, or if they don’t, then the HOA can escalate through other legal means if the property is continuing to deteriorate.
Compelling Compliance by Filing for an Injunction
If the abatement letter is ignored and conditions worsen, the HOA can seek a court-issued injunction ordering the homeowner to bring the property into compliance with the association’s governing documents and applicable local laws.
An injunction provides real legal force. When a property owner does not comply with a court order, additional penalties and even an arrest warrant could be avenues to address the situation. Sometimes dire circumstances necessitate a swift remedy when community safety and property values are at stake.
Being Proactive to Ensure Long-Term Stability
Prevention is the best strategy when there is an opportunity to be proactive and legal disputes are not occurring. HOAs can adopt certain protocols to lessen the risk of encampments, such as:
- Make property owners register details for when they rent their property
- Provide community residents with education on best practices when they see suspicious activity
- Add fences, gates, or regular patrols to vulnerable areas
- Deter unauthorized overnight stays with lighting and surveillance
- Collaborate with social services and law enforcement to address urgent situations promptly
Balancing Empathy with Community Standards
Homelessness is a complex issue, so when possible, it’s best to connect these individuals with social services, local shelters, and other outreach help. Legal and safety issues can be balanced with mindfulness of the community’s values and upholding standards.
Final Thoughts
Homeless encampments present real challenges, but Arizona HOAs have effective, enforceable options. 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.
By combining legal strategy with thoughtful prevention and consistent enforcement, HOAs can navigate these issues responsibly and maintain the integrity of their neighborhoods.