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HOA Dispute Process by Arizona Department of Real Estate

By Christopher Combs | June 25, 2017

HOA Dispute Process by Arizona Department of Real Estate   Question:  We have a “rogue” Board of Directors for the HOA for our Gilbert community. They refuse to enforce the CC&Rs prohibiting overnight parking on our streets. I don’t want our community turned into a parking lot. What recourse does a homeowner have against the Board of Directors of an HOA that won’t enforce the CC&Rs?   Answer:  If the Board of Directors will not enforce the CC&Rs, the individual homeowner is generally entitled to enforce the CC&Rs by filing a lawsuit. A lawsuit, however, can be time-consuming and expensive. …


New CCR’s after 2014 Cannot Regulate City Streets

By Christopher Combs | April 12, 2017

New CCR’s after 2014 Cannot Regulate City Streets   Question: The homeowners association for our community was formed in 2008. The streets in our community are owned by the City of Mesa. Our CC&Rs have always prohibited parking overnight in the streets. In a recent column you said that since 2014 the CC&Rs of a community can no longer regulate parking on city streets. Does that mean our CC&Rs prohibiting parking overnight in the streets are unenforceable?   Answer: No. The language in my recent column was not clear. Any CC&Rs adopted prior to December 31, 2014, can still regulate…


Owners Should Demand CC&R Enforcement

By Christopher Combs | November 22, 2016

Owners Should Demand CC&R Enforcement  Question: We recently purchased a new home in a Peoria subdivision. Less than 50% of the homes have been sold in the subdivision.  One of the reasons that we purchased our new home was that we liked the architectural and landscaping standards in the CC&Rs for the homes in the subdivision. The problem now is that the homeowners association is still controlled by the developer, and this developer is not enforcing the CC&Rs, especially in relation to exterior painting of at least eight homes in the subdivision. Several neighbors and I are concerned that, after the…


Public Service Vehicle Parking on HOA Streets

By Christopher Combs | November 8, 2016

Public Service Vehicle Parking on HOA Streets  Question: The CC&Rs prohibit any parking at any time on the streets in our community in Goodyear. These streets are owned by our homeowners association. There are residents in our community who own police vehicles, APS trucks, and cable company trucks that park on our streets. Are these residents allowed to do that? Answer: In some cases, yes.  A.R.S. §33-1809 authorizes parking of public service corporation vehicles on streets owned by a homeowners association, despite CC&Rs prohibiting the parking of vehicles on the streets. Although police vehicles and APS vehicles are probably public service corporation…


Can an HOA Regulate the Streets Owned by a City?

By Christopher Combs | October 11, 2016

Can an HOA Regulate the Streets Owned by a City?   Question: The CC&Rs for our community prohibit overnight parking on the street. An attorney in our community recently claimed that our streets are governed by the City of Phoenix, and therefore these CC&Rs are not enforceable. Is that correct? Why does the City of Phoenix care whether there is overnight parking on our streets or not?   Answer: Since 2014 newly adopted CC&Rs of a community cannot regulate public streets, i.e., streets owned by a municipality like the City of Phoenix. A.R.S. §33-1818. The legislature’s reasoning was that a municipality…


HOA Fines Cannot Become a Lien Against a Home

By Christopher Combs | August 30, 2016

HOA Rules and Regulations-Fines Cannot Become a Lien Against a Home    Question: We recently purchased a home in a nice Queen Creek community. Within a month after closing, we got a bill for $1,200 in HOA fines. The HOA had fined our seller $1,200 for violating the CC&Rs by not removing a basketball goal from his driveway. We immediately removed the basketball goal. The HOA is still demanding payment of the $1,200 in fines from us. How can we be liable for $1,200 in fines when we had no knowledge of any fines when we bought our home?   Answer:…


Can Unpaid HOA Fees Result in Foreclosure?

By Christopher Combs | August 22, 2016

 Can Unpaid HOA Fees Result in Foreclosure?   Question: My grandmother lives in Scottsdale, and my wife and I live in Chicago. We only visit my grandmother two or three times a year. Although we thought my grandmother was still able to manage her financial affairs, she recently called us to say that she was being evicted from her Scottsdale home for non-payment of HOA dues. My grandmother owns her $450,000 home free and clear. My wife and I immediately flew to Scottsdale to try to understand what happened. Several years ago my grandmother apparently failed to pay some HOA…