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Homeowners Should Demand CC&R Enforcement

By Christopher Combs | September 19, 2021

Question: We recently purchased a home in a new Peoria subdivision. One of the reasons that we purchased this home was that we liked the architectural and landscaping standards required by the CC&Rs for all homes in our subdivision. The CC&Rs also state, however, that our HOA is controlled by the developer’s representatives until 75% of the homes in our subdivision have been sold. At this time, only 50% of the homes in our subdivision have been sold. The problem now is that our HOA is not enforcing the CC&Rs, especially the exterior painting of at least eight homes in our subdivision. Several neighbors and I are concerned that, after the developer completes the sale of 75% of the homes in our subdivision and the homeowners then control the HOA, there will have been a waiver of some of the CC&Rs because of lack of enforcement. What can we do?…

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How Noise Level Violations Are Determined

By Christopher Combs | September 12, 2021

Question: We live in Paradise Valley which has a strict noise ordinance, e.g., noise level is limited to no more than 45 decibels after 10:00 p.m. A home near us is in Phoenix, which apparently has no specific noise level. This Phoenix homeowner has turned his home into a short-term rental “party house.” There are loud parties almost every night. We have called the Phoenix police who do nothing except tell the “party house” people to lower the noise level. We now can’t sit peacefully in our backyard by the pool in the evening. Our son is a lawyer in Chicago and he says that he will help us file a “nuisance” lawsuit against the Phoenix homeowner to get a court injunction to stop the loud parties. Would the Paradise Valley 45 decibel noise level apply in our “nuisance” lawsuit? Answer: Probably. If there is a conflict in the noise…

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