ARTICLES & NEWS

HOMEOWNERS ASSOCIATION ARTICLES

parking fine

Before HOA Can Enforce Fines, The Homeowner Has The Right To Protest

By Christopher Combs | July 12, 2020

Question: We are a community of only 32 homes in Peoria. Last summer we had a major problem with parking in the swimming pool area. We want to avoid that problem this summer. Our CC&Rs allow us to fine homeowners who violate our parking requirements. Can we just put a notice of a $75 fine on their windshield, and require them to send a $75 check to the HOA president? Answer: No. Under A.R.S. §33-1803 a homeowner does not have any obligation to pay a fine until the homeowner has had a reasonable opportunity to protest the fine to the…

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For Rent

Six-Month Lease with Right to Cancel After One Week is a Short-Term Rental

By Christopher Combs | June 28, 2020

Question: Our Chandler HOA has a CC&R that prohibits short-term rentals of a home for less than six months. The six-month lease that our lawyer drafted included a provision that allowed the tenant to cancel the lease and move out with one week’s notice. Our tenant signed this six-month lease, and at the same time gave us the one-week notice to move out. After our tenant moved out one week later, a neighbor complained to the HOA that this six-month lease was actually a short-term rental of one week. The HOA agreed with the neighbor, and fined us $500 per…

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cabin

Short-Term Rentals Continue To Cause Confusion

By Christopher Combs | June 14, 2020

Question One: In a recent column you said that a short-term rental in Scottsdale is getting “up to $20,000 per month.” That seems irresponsible to say the least. I take exception to you promoting the success of short-term rentals because these short-term rentals are such a problem here in Sedona, and I have never, nor will I ever, manage them. Our local community is suffering because of the recent state law SB 1350 prohibiting Sedona and other local communities from regulating short-term rentals. Answer: Thank you for your comments. Other readers, however, think that I am opposed to short-term rentals.…

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basketball hoop

An HOA That Doesn’t Enforce A Rule Can Lose Power To Do So

By Christopher Combs | June 7, 2020

Question: We are on the board of directors for our Sunnyslope community of 80 homes. Every time we read your column we get confused as to when enforcement of a CC&R has been waived by an HOA. To go to the example you used, if a CC&R prohibits basketball goals in the front yard, but this CC&R prohibiting basketball goals in the front yard has never been enforced, and there are numerous basketball goals in front yards today, can we now enforce the CC&R to prohibit an owner of the home from installing a basketball goal in their front yard?…

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foreclosure

HOA Can Foreclose on Home for Unpaid Dues

By Christopher Combs | May 24, 2020

Question: Our mother has been struggling with dementia that has worsened over the last year. We recently moved her from her Mesa home to an assisted living facility in Gilbert. The Mesa home is both a physical disaster (with numerous repairs necessary) and an HOA paperwork disaster. The HOA dues total more than $3,000, and have not been paid by my mother for over a year. In addition, there are numerous unpaid HOA fines of more than $2,000 for overnight parking in the street and for not making repairs to the exterior of the home. The HOA’s management company has…

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neighborhood plans

Amendment of CC&Rs to Prohibit Short-Term Rentals

By Christopher Combs | April 12, 2020

Question: In last week’s column you said that 51% of the neighbors in a Phoenix neighborhood could not agree to prohibit short-term rentals in their neighborhood. This Phoenix neighborhood had no CC&Rs. Therefore, many readers of your column might think that their Phoenix neighborhood cannot prohibit short-term rentals. In fact, most Phoenix neighborhoods have CC&Rs which can be amended by the homeowners to prohibit short-term rentals. The voting requirement to amend the CC&Rs can be as low as 51% of the homeowners. Our Phoenix neighborhood has CC&Rs that allow amendments by 51% of the homeowners, and we recently amended our…

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trashed house

Simple Deed Restrictions Can Limit Short-Term Rentals

By Christopher Combs | April 5, 2020

Question: Our Gilbert community of 60 homes was built by the developer in 1969. We are having problems with a short-term rental in our community. In this short-term rental the tenants are moving in and out almost every day, parking in the wrong areas, and trashing our swimming pool. A group of our neighbors wanted to amend our CC&Rs to prohibit short-term rentals of less than 30 days. We learned, however, that there have never been any CC&Rs for our community. Our understanding now is that 51% of the 60 homes in our community would be able to sign new…

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speeding

Owner Liable for Tenant’s Violation of CC&Rs

By Christopher Combs | March 15, 2020

Question: We leased our Gilbert home last summer while we were in Europe. One week after we moved back into our home, we got a notice from the HOA of a $150 fine against us because our tenant had been speeding in the community. We contacted the HOA to determine why the tenant was not being fined, and how the fine was calculated. The HOA said that the HOA only had the authority to fine us as the owner for our tenant’s speeding violations. Although the HOA admitted that there was no published schedule of fines, the HOA said that…

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