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Arizona HOA Law

Amendments to CC&Rs

May 30th, 2009 by · No Comments

Click on the question for an answer from Clint Goodman as featured on AZ Central and The Arizona Republic.

 

QUESTION: Our HOA is considering an amendment to the CC&Rs. Many of us are concerned because the amendment would authorize the demolition of our club house and athletic center and replace them with a retention basin. We purchased our homes, in large part, because of these wonderful amenities. Is there anything we can do to stop the amendment?

Posted in Arizona HOA Law · CC&Rs

Amendments to CC&Rs

May 30th, 2009 by · No Comments

Click on the question for an answer from Clint Goodman as featured on AZ Central and The Arizona Republic.

 

QUESTION: Our HOA is considering an amendment to the CC&Rs. Many of us are concerned because the amendment would authorize the demolition of our club house and athletic center and replace them with a retention basin. We purchased our homes, in large part, because of these wonderful amenities. Is there anything we can do to stop the amendment?

Posted in Arizona HOA Law · CC&Rs

Emotional Support Animals

May 23rd, 2009 by · No Comments

Click on the question for an answer from Clint Goodman as featured on AZ Central and the Arizona Republic.

QUESTION: I read your previous article about when HOAs should accommodate the disabled by letting them keep their pets. I understand that pets for the disabled include “service animals.” Are “emotional support animals” covered too? I think it would be beneficial for many of us if you would explain the difference between the two and why the difference is important.

Posted in Arizona HOA Law

Tax Liens

May 16th, 2009 by · No Comments

Click on the question for an answer from Clint Goodman as featured on AZ Central and The Arizona Republic.

QUESTION:  I read last week’s column and am slightly confused.  Am I to understand that HOA’s may recoup delinquent fees on defaulting properties by purchasing tax liens against such properties, since tax liens come before bank liens?  It is unclear to me how such a strategy would recoup HOA fees.

Posted in Arizona HOA Law

Too Many Weeds

May 13th, 2009 by · No Comments

Click on the question for an answer from Clint Goodman as featured on AZ Central and The Arizona Republic.

QUESTION: I keep getting warning letters from my HOA that my yard has too many weeds. How serious are these letters? I usually just throw them away.

Posted in Arizona HOA Law

First Mortgage Lien

May 9th, 2009 by · No Comments

Click on the question for an answer from Clint Goodman as featured on AZ Central and The Arizona Republic.

QUESTION:  There are a large number of HOAs across Arizona that have delinquent association fee accounts but do not want to collect these fees because they are junior to the banks’ defaulting first liens.  The banks are not in a rush to foreclose on the defaulting first liens and take on the obligation of the HOA fees themselves, so the result is many months of delinquencies by many unit holders being born by other association members that can least afford it.  How can HOAs protect the rights of the majority against the minority of delinquent owners?

Posted in Arizona HOA Law

Group Homes and CC&Rs

May 4th, 2009 by Shanna Kesler · No Comments

Click on the question for an answer from Clint Goodman as featured on AZ Central and The Arizona Republic.

QUESTION:  We moved into our HOA because of the benefits it provides:  no broken down cars, unkempt landscaping or funky-colored homes.  We have a neighbor that wants to operate a home-based care facility for the disabled in violation of our CC&Rs.  We are told that our HOA cannot prohibit group homes even though our CC&Rs prohibit them.  Is that right?

Posted in Arizona HOA Law · CC&Rs

Group Homes and CC&Rs

May 4th, 2009 by Shanna Kesler · No Comments

Click on the question for an answer from Clint Goodman as featured on AZ Central and The Arizona Republic.

QUESTION:  We moved into our HOA because of the benefits it provides:  no broken down cars, unkempt landscaping or funky-colored homes.  We have a neighbor that wants to operate a home-based care facility for the disabled in violation of our CC&Rs.  We are told that our HOA cannot prohibit group homes even though our CC&Rs prohibit them.  Is that right?

Posted in Arizona HOA Law · CC&Rs

Discrimination on Basis of Disability

May 1st, 2009 by Shanna Kesler · No Comments

Click on the question for an answer from Clint Goodman as featured on AZ Central and The Arizona Republic.

QUESTION:  Our homeowners association has a rule prohibiting pets.  One homeowner’s wife is mentally challenged and has a doctor’s note stating she needs her pet dog to help stabilize her condition.  Does the “no pet” rule apply to her?

Posted in Arizona HOA Law

Adopting Rules

May 1st, 2009 by Shanna Kesler · No Comments

Click on the question for an answer from Clint Goodman as featured on AZ Central and The Arizona Republic.

QUESTION:  Every so often our homeowners association has attorneys review our CC&Rs and rules to make sure they are not outdated.  I realize that CC&Rs and rules need to be updated because laws and our community change.  However, I wonder if changes to the CC&Rs and rules can be made by the HOA board without any input from the homeowners.

Posted in Arizona HOA Law