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HOMEOWNERS ASSOCIATION ARTICLES

Hoas can prohibit short-term rentals

Neighbors Can Form HOA to Prohibit Short-Term Rentals

By Christopher Combs | October 27, 2019

Question: We have lived in the same community of 28 homes in Sedona for almost 20 years. We used to have great neighbors. For example, on July 4th we would have a big barbeque at someone’s house in our community. In the last few years, however, due to the VRBOs and Airbnbs in our community, our community has radically changed. Only 12 of the 28 homes in our community now are owned by residents. The other 16 homes in our community are short-term rentals, sometimes only for weekends. We are very unhappy. Our understanding is that, although Sedona and other…

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HOAs can prohibit VRBO/Airbnb short-term rentals

By Christopher Combs | September 29, 2019

Question: We own a home in the Arrowhead community in Peoria. For two years we have done VRBO/Airbnb short-term rentals of this home for small weddings and birthday parties. Last Saturday afternoon we rented the home for an eight-year-old’s birthday party. Although our rental agreement said no more than 10-12 guests, the mother invited 30 guests who also brought grandparents and other family members. All of the parking on the street was full, and several neighbors complained to our HOA community manager. We now have a letter from the HOA’s community manager stating that we are being fined because the…

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block wall damage

Repair of Common Block Wall by Neighbors

By Christopher Combs | September 22, 2019

Question: We share a common block wall with a neighbor in our Gilbert subdivision. The neighbor’s tree roots are cracking this common block wall and are intruding into the backyard near our swimming pool. We have written our HOA community manager but we have had no response. Can we demand that our neighbor repair our common block wall and remove the tree? Answer: You first should review the CC&Rs for your community. Although the CC&Rs probably state that the HOA has no obligation to get in the middle of a dispute between neighbors regarding common walls, you should have certain…

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HOA

Appeal of ADRE Decision in HOA Dispute

By Christopher Combs | August 25, 2019

Question: We had a dispute with our HOA about our responsibility for a special assessment to improve the roads in our Cave Creek community. Pursuant to your suggestion in an earlier column, we filed a petition against our HOA with the Arizona Department of Real Estate (“ADRE”). We paid the $500 filing fee. Last week at the ADRE hearing our HOA’s community manager lied, and we got a letter today from the ADRE that we lost the hearing. Do we have any right to appeal? Answer:  You probably have not yet received a final administrative decision from the Arizona Department…

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HOA Changes CC&Rs to Prohibit Street Parking

By Christopher Combs | June 6, 2019

Question: When we signed the purchase contract for a new home in Sun City, we were given a copy of the CC&Rs which allowed street parking for up to 24 hours. The day before closing we were given additional documents by the title company, including what we thought was just another copy of the CC&Rs, so we didn’t bother to read these additional documents. In actuality, these additional documents were amended CC&Rs that prohibit any street parking. When our daughter visits us now she has to park at the main entrance to our community and walk to our home. Are…

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Horse Property Must Conform to Public Zoning and Private Restrictions

By Christopher Combs | February 15, 2019

Question: We purchased a home on five acres in North Phoenix. The seller owned horses, and had a small corral in one corner of the property. We had reviewed all of the title documents, including the CC&Rs, and there was no prohibition against horses. After moving into our home with our horses, however, we received complaints from one of our neighbors about our horses. Yesterday we received a notice from the City of Phoenix that the City zoning code prohibits horses in our community. If the CC&Rs in our community allow horses, how can the zoning for the City of Phoenix…

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Second Amendment Case Doesn’t Prohibit HOAs Banning Firearms

By Christopher Combs | October 29, 2018

Question: In a recent column you said that a Glendale HOA could probably enforce a CC&R prohibiting firearms in the community. How can this CC&R be enforceable in light of the Heller decision of the United States Supreme Court? Answer: In 2008 the United States Supreme Court in the Heller decision ruled that the Second Amendment of the Constitution prohibited the enforcement of a Washington, D.C. law that banned handguns in the home. (“The handgun, out of all firearms, is considered by the American people to be the quintessential self-defense weapon.”). Therefore, any state like Arizona or a city like…

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Can HOAs Ban Gun Carry in the Community?

By Christopher Combs | September 24, 2018

Question:  The CC&Rs for our Glendale community prohibit the “carrying, use, or discharge of firearms or other weapons” in the community.  Although our HOA Board of Directors has never enforced this ban on gun “carrying,” at our annual meeting one of our homeowners said that he has several guns in his home.  He also said that he regularly takes these guns for practice shooting at a local shooting range.  Isn’t this homeowner “carrying” weapons in our community if he takes these weapons from his home to the shooting range?  If so, can we fine this homeowner for violating the CC&R? Answer: …

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