Question: All of the home sales in our Avondale subdivision were completed two years ago by the developer and my understanding was at the time the homeowners then became responsible for the enforcement of the CC&Rs regulating our subdivision. Since that time, however, there has been no enforcement of the CC&Rs, especially relating to alteration and remodeling of homes in our subdivision. We have no homeowners’ association (“HOA”) nor do we pay any HOA dues. I am concerned that property values in our subdivision will deteriorate rapidly unless an architectural committee is formed and the CC&Rs are enforced. Is there anything that I can do?
Answer: The CC&Rs should provide that the homeowners can establish an HOA and elect a board of directors to govern the HOA. The board of directors, or the architectural committee formed by the board of directors, generally has the power to enforce the CC&Rs with respect to alteration and remodeling of homes in the subdivision. You should organize your neighbors in order to establish an HOA and a board of directors, and then form an architectural committee. If your neighbors will not support you, you as an individual homeowner generally can enforce the CC&Rs. The “bottom line” is that, if the CC&Rs are not enforced either by the HOA or by the individual homeowners in the subdivision, under Arizona and real estate law all of the CC&Rs may be deemed abandoned.
