RECENT ARTICLES
Can Rules Be Amended to Prohibit Short-Term Rentals?
Question: Although your Q& A column has said several times in the past few years that a community can amend HOA covenants, conditions, and restrictions (CC&Rs) to prohibit short-term rentals, didn’t the Arizona Supreme Court recently rule that an HOA community cannot amend CC&Rs to ban short-term rentals? In other words, can or cannot CC&Rs be amended by an HOA community to prohibit short-term rentals? Answer: An HOA community can amend CC&Rs to prohibit short-term rentals. An amendment to ban short-term rentals can be enforced against future home buyers in that HOA community. The only question is whether or not an amended CC&R prohibiting short-term rentals can be enforced against existing homeowners in an HOA community. The recent Kalway decision by the Arizona Supreme Court is likely to stop the enforcement of an amended CC&R prohibiting short-term rentals against some, but not all, existing owners of homes in an HOA community.…
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Soil Settling Problem Should Be Disclosed
Question: In the past three years there have been several two-story homes in our Ahwatukee subdivision that have experienced ‘soil settling’ problems. These soil settling problems include cracking of walls and the inability to close doors and windows. We own a one-story home and have never had a soil settling problem. Furthermore, we are unaware of any one-story home in our Ahwatukee subdivision that has experienced a soil settling problem. We now want to sell our one-story Ahwatukee home. Do we have to disclose to potential buyers the soil settling problems of the two-story homes in our subdivision? Answer: Yes. A seller of a home must disclose any material and adverse fact about the home and the surrounding area that a reasonable buyer would want to know. Although currently only two-story homes are experiencing soil settlement problems, one-story homes could experience soil settlement problems in the future. The Seller’s Property Disclosure…
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