Is New Home Safe From HOA Fee Lien?

By Christopher Combs | May 18, 2013

  Question: We lost our Mesa home to foreclosure a year ago. We were almost immediately able to buy from an investor a smaller home in Queen Creek using carryback financing from the investor.   The home prices in our Queen Creek subdivision have increased significantly in the past year, and we have approximately $20,000 equity in our home. The problem is that the homeowners association for our former home in Mesa now has a judgment for $8,000 in delinquent HOA fees that we did not pay for several months before the foreclosure. This $8,000 judgment has been recorded and is…


Dues Liability Ends With Foreclosure Sale

By Christopher Combs | March 30, 2013

   Question: Our son purchased a condominium in Tempe while he was attending Arizona State University. He has graduated from ASU and taken a job in Los Angeles. The condominium was “underwater,” and the home was sold at a foreclosure sale to an investor several months ago. At the time of the foreclosure sale, my son was current on his HOA monthly dues. He is still getting bills, however, from the HOA for the monthly dues. Is my son liable for any HOA monthly dues after the foreclosure sale?    Answer: Probably not. The foreclosure-sale process is as follows: There…


Variance could fix issue with set-back

By Christopher Combs | February 16, 2013

Question: We recently purchased a vacant lot in north Phoenix for the purpose of building our retirement home. During the escrow period the title company delivered to us the recorded Covenants, Conditions and Restrictions for our vacant lot. These CC&Rs show that lot-line setbacks are required at the front and side of our lot, but there is no such requirement for the rear of our lot. After the transaction closed, we hired an architect to draft the plans to construct our new home. We then went to the city building department with these plans to procure a building permit, and…


State Law Prohibits HOAs from Forbidding Solar Heat

By Christopher Combs | October 22, 2012

Question: Under the Covenants, Conditions and Restrictions governing our Mesa homeowners association, no solar heating can be installed without the approval of the architectural committee. The architectural committee has disapproved requests from individual homeowners who want to install solar heating. We want to install solar heating. A real-estate broker told us that under Arizona law, the CC&Rs cannot prohibit the installation of solar heating. How should we proceed? Answer: Under Arizona law, any language in the CC&Rs that “effectively prohibits the installation or use” of solar heating is generally unenforceable. The CC&Rs, however, can reasonably regulate the installation of solar heating —…


New Arizona Homeowners Association Laws

By Cameron Combs | June 1, 2016

New Arizona Homeowners Association Laws   In the Arizona legislative session for 2016 the legislature enacted many new Arizona homeowners association (“HOA”) laws that may affect your HOA. Most new HOA laws will go into effect on August 6, 2016. Notice of violation written response deadlines extended A.R.S. § 33-1242 concerning condominium units and A.R.S. § 33-1803 concerning planned communities are amended. These laws involve the notice of violation that an HOA must give to homeowners.  The change that will take effect later this year is an additional grace period for homeowners responding to a notice of violation. Homeowners will now…


Condominium Open House Rules in Arizona

By Cameron Combs | March 29, 2016

Condominium Open House Rules in Arizona   Signs: Under Arizona law, an HOA connot prohibit or regulate temporary open house signs.  The only requirements are that the temporary open house signs be industry standard size, and owned or used by the seller or the seller’s agent.  Also, an HOA is permitted to prohibit open house signs on the common elements of the condominium.   Hours: An HOA may not limit the hours for an open house. An HOA can, however, prohibit an open house being held before 8:00 AM or after 6:00 PM.   Note: For more information, see A.R.S. section…


New Arizona Real Estate Laws Effective in 2017

By Combs Law Group | September 29, 2017

New Arizona Real Estate Laws In the Arizona legislative session for 2017 the legislature enacted many new Arizona laws that affect real estate. Most new laws went into effect on August 9, 2017.   Tenant “Finder Fee” is Allowed Generally, any referral or finder fee relating to sale or lease of real property may only be given to real estate brokers or licensees. However, A.R.S. § 32-2176 allows an owner or a property management company to pay a finder fee to an unlicensed person who is also a tenant in another unit managed by the property management company or owned…


Self-Dealing by HOA Board Members

By Combs Law Group | May 4, 2016

Self-Dealing by HOA Board Members   Question: We are homeowners in a community in Scottsdale that is governed by a Homeowners Association (“HOA”). My wife and I are very upset with the incompetent landscaping services being provided on behalf of our HOA. The common areas are not properly maintained. When we complained about these services to a neighbor last weekend, we learned that one of the members who serves on the Board of Directors owns the landscaping company that services our HOA, and that our HOA pays an inflated fee to the landscaping company each month. Is self-dealing by an…