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Anthem, AZ

Conversion of Three Rental Homes to Short-Term Rentals

By Christopher Combs | February 9, 2020

Question: We went to a short-term rental seminar last fall at Scottsdale Community College. There were excellent speakers such as Paradise Valley broker Greg Hague, Scottsdale Realtors CEO Rebecca Grossman, Scottsdale Councilwoman Kathy Littlefield, and the Paradise Valley police chief. The reason that we went to this seminar is that we have owned three rental homes in Anthem for more than 20 years, and we were wanting to convert these three rental homes to short-term rentals. Although this seminar was excellent, this seminar primarily discussed the effect of short-term rentals on a community. We are still confused, however, as to whether we should convert our three rental homes to short-term rentals. How long ago did short-term rentals get started? Should we now convert our three rental homes to short-term rentals? Answer: First, short-term rentals started in San Francisco in 2008 with two tenants needing more money to pay the rent…

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black door

Non-Waiver Clause in CC&Rs

By Christopher Combs | February 2, 2020

Question: We purchased a black door for our home in Glendale. We sent a photo of this black door along with our application for approval to the Architectural Review Committee (“ARC”) of our HOA. The ARC denied our application because the CC&Rs require that doors be earth-toned colors. We then met with the ARC and showed them photos of nine other black, or mostly black, doors in our community. The ARC still denied our application. The chairman of the ARC admitted, however, that this “black door” CC&R had never been enforced before we applied for approval. Can the ARC enforce a CC&R that has never been enforced? Answer: The ARC of an HOA cannot fail to enforce violations of a specific CC&R, and then later selectively enforce that CC&R against an individual homeowner, unless the CC&Rs have a non-waiver clause. 225 Ariz. 533. In other words, if there is a…

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