Do Renters Pay HOA Fines?

By Christopher Combs | May 24, 2018

Question: I am the president of our HOA in Chandler. One of our homeowners has rented her home to a young ASU student. He has a motorcycle that he drives at dangerous speeds in our community, and he has ignored the complaints from other homeowners. We have contacted the elderly lady who owns the home, and she said that there is nothing that she can do. Our CC&Rs authorize us to fine homeowners who drive at dangerous speeds in our community. Our written fine schedule says that the first fine can be $50 and the second fine can be $100. We…

Real Estate Blog

Can HOAs Ban Sex Offenders from Living in their Community?

By Christopher Combs | March 20, 2018

Question: The Board of Directors of our HOA in Chandler wants to amend our CC&Rs to prohibit registered sex offenders (“RSOs”) from owning or occupying homes in our community. Our understanding is that HOAs in Maricopa County from the Verrado community in Buckeye to the Desert Mountain community in North Scottsdale have already amended their CC&Rs to prohibit RSOs. Can HOAs prohibit RSOs from living in their community? Answer: Yes. In 2014 the Arizona Legislature specifically authorized HOAs to have CC&Rs prohibiting registered sex offenders in their community. A.R.S. §§ 33-1260.01(H) and 33-1806.01(H). There are 14,500 RSOs in Arizona and 700,000 RSOs…

Vacation Rental

CC&Rs Can Prohibit Vacation Rentals

By Christopher Combs | February 4, 2018

Question: We live in the Desert Mountain community in North Scottsdale. Our understanding is that the community amended the CC&Rs to prohibit vacation rentals. We only live in our Desert Mountain home a few months of the year. We have rented out this home for a week or two throughout the year to friends and neighbors from Chicago. Can our HOA enforce these Desert Mountain CC&Rs? Isn’t there a statute in Arizona against CC&Rs prohibiting vacation rentals? Answer: There is no statute in Arizona that prohibits private regulation by CC&Rs of vacation rentals. One Arizona statute, however, prohibits public regulation…

Public Utility Truck

Public Utility Truck Exempt from HOA Parking Rule

By Christopher Combs | December 29, 2017

Question: The CC&Rs for our Mesa community prohibit the parking of vehicles on our streets overnight. One of our homeowners works for a City of Mesa telecommunications utility provider. This homeowner parks a large bucket truck on the street overnight in violation of our CC&Rs. Is that allowed? Answer: Probably. The telecommunications utility provider can require that the bucket truck be available to the homeowner- employee if there is a service outage or other emergency. If the bucket truck weighs less than 20,000 pounds, is owned by the telecommunications provider, and bears a visible designation of this ownership, your CC&Rs…


Lose Vacant Lot if Don't Pay Property Taxes or HOA Fees

By Christopher Combs | October 23, 2017

Lose Vacant Lot if Don’t Pay Property Taxes or HOA Fees   Question: Twenty years ago my husband and I purchased a lot in northern Arizona. Although there were promises by the developer about development of the entire area, no development has occurred, and no development is anticipated. Every year we pay the property taxes and property management fees related to the development. We are retired, and want to reduce our expenses. Is there anything that we can do with the lot that would not harm our credit rating?   Answer: If you fail to pay the property taxes you…


Probate Preferred Over Beneficiary Deed If HOA Transfer Fee

By Christopher Combs | September 6, 2017

Probate Preferred Over Beneficiary Deed If HOA Transfer Fee   Question: In a recent column you discussed the advantage of a mother executing and recording a beneficiary deed to her daughter for a Sun City home. The advantage was that the daughter, without the necessity and cost of a probate, would be the owner of the Sun City home upon the mother’s death. In Sun City, however, there is a $4,000 transfer fee paid to the HOA that is generally due upon the transfer of a Sun City home. This $4,000 transfer fee can be avoided by probate of the…


HOA Does Not Waive CC&R Enforcement for Past Non-Enforcement

By Christopher Combs | August 30, 2017

HOA Does Not Waive CC&R Enforcement for Past Non-Enforcement  Question: One of the problems in our North Phoenix community has been our HOA failing to enforce the CC&Rs that prohibit parking cars on the grass next to the driveway.  At our annual meeting last month we elected a new Board of Directors for our HOA.  Although several homeowners have consistently parked cars on the grass next to their driveways for many years, the new Board of Directors wants to enforce the CC&Rs prohibiting parking of cars on the grass.  Can the new Board of Directors enforce the CC&Rs, or after many…


An HOA Without Dog Breed Restrictions Can Still Demand Removal

By Christopher Combs | August 24, 2017

An HOA Without Dog Breed Restrictions Can Still Demand Removal of Aggressive Pitbull   Question: One of the neighbors in our South Scottsdale community has a Pitbull that has severely bitten two other dogs in our community. The CC&Rs generally require that the neighbors live in harmony with one another, and also require that dogs and other pets be controlled. The neighbor has paid the fines imposed by the HOA for violating the CC&Rs, but the neighbor still walks the Pitbull around our community. I am afraid to go outside with our French Bulldog without my husband also going with me. Is…