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…

golf course

Golf Course Must be Operated by New Owner of Golf Course

By Christopher Combs | January 26, 2020

Question: My husband and I are looking to buy a new home in the Southeast Valley. We looked at a Chandler development, and the CC&Rs said that an 18-hole championship golf course would be built on land not far from our new home. My husband loves to play golf but I have no interest in golf. I would rather buy a new home in a Gilbert community with access to the shops and restaurants in downtown Gilbert. Will the Chandler developer have to build the golf course because of the representations in the CC&Rs? If so, how long does the…


Constitutional Amendment Needed to Allow Regulation by Cities and Towns of Short-Term Rentals

By Christopher Combs | January 5, 2020

Question: In a recent column you said that if twelve Sedona homeowners wanted to prohibit Airbnb and VRBO short-term rentals in their small community of twelve homes, the twelve Sedona homeowners could form their own HOA to prohibit short-term rentals. In other words, if a group of homeowners already lives in an HOA community, or forms an HOA, the HOA can prohibit short-term rentals. If you don’t live in an HOA community, however, all of your neighbors can sell their homes to investors, and turn their homes into short-term rentals for up to 365 days a year. Why doesn’t our…

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…


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…

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…


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…


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…