Pool Deck

CC&Rs Must Be Followed Regarding Neighbor’s Pool Deck

By Christopher Combs | January 3, 2021

Question: We have owned a home in Chandler for over eight years. Our neighbor recently built a large wooden pool deck next to his swimming pool only five feet from our property line. We were in Colorado for most of the summer while this pool deck was being built. Our neighbors and their guests can now stand on this pool deck and look directly into our backyard. We never had any notice from the HOA or from the neighbor about the construction of this pool deck. Although we recently planted large ficus trees on our property line, this pool deck…

rental lockbox

Short-Term Rentals Not A CC&R’s-Prohibited ‘Business Activity’

By Christopher Combs | December 6, 2020

Questions: We live in a nice Glendale neighborhood of 188 homes near the Cardinals stadium. At least twenty of these homes have become short-term rentals (“STRs”). Our CC&Rs require that any amendment to the CC&Rs must have the approval of 75% of the homeowners. We are not sure that we can get 75% approval of the homeowners, as many of the homeowners don’t seem to care about STRs. Our CC&Rs currently prohibit “operation of a business.” The STR homeowners in our neighborhood advertise on AirBnB/VRBO, manage the moving in and out of STRs, and collect rent from the STRs. Isn’t…

Crazy Drivers

Can CC&Rs Be Enforced To Prevent “Crazy” Driving In Neighborhood?

By Christopher Combs | September 13, 2020

Question: We own a home in a small community of twelve homes in Camp Verde. Although we have CC&Rs, there is no HOA. One of the homes is owned by a Phoenix resident who on weekends comes up with his two sons, and they drive their trucks and motorcycles like crazy in our community. We have tried to talk reasonably with this homeowner, but he either gets angry or ignores us. Can we fine this homeowner? If not, how can we stop the uproar every weekend? If we have to hire an attorney, can this homeowner be required to reimburse…

Foreclosure auction

Foreclosure Proceeds After HOA Foreclosure

By Christopher Combs | September 6, 2020

Question: Thank you for your recent column on the right of an HOA to foreclose on a home for nonpayment of $3,000 in delinquent HOA dues. In your example the house was owned free and clear, and was valued at $185,000. My question is, after the foreclosure sale, would the HOA get the entire $185,000 foreclosure sale proceeds, or would the HOA only get the $3,000 delinquent HOA dues, and the homeowner would get the remaining $182,000? Answer: There are sophisticated investors who daily look at foreclosure notices that schedule foreclosures of homes. These investors then compare the value of…

Party House

CC&Rs Can Allow An HOA To Approve Potential Tenants

By Christopher Combs | August 23, 2020

Question: The problem in our community in Tempe is not short-term rentals, but rentals to ASU college students who turn the home into a modern-day “Animal House.” Can we amend our CC&Rs to prohibit rentals to tenants who are less than 21 years old? If not, can our HOA board of directors interview every potential tenant to eliminate the “John Belushi’s,” and only allow rentals to hard-working college students? Answer: Yes to both questions. First, although families with children, and disabled individuals, e.g., senior citizens with dementia, are both protected Fair Housing classes, age by itself is not a protected…

Pink House

Amendments To CC&Rs Are Enforceable Against Existing Homeowners

By Christopher Combs | August 16, 2020

Question: In a recent column you said that, if the required majority of homeowners, e.g., 51% of the homeowners, vote to amend the Covenants, Conditions, and Restrictions (“CC&Rs”) to prohibit short-term rentals, then such restrictions would be enforceable against all homeowners. I understand that when a buyer purchases a home, that buyer must comply with the existing CC&Rs. Any amendment to the CC&Rs, however, should only apply to a buyer who purchases a home after the amendment to the CC&Rs. Existing homeowners should be “grandfathered,” and not required to comply with any amended CC&Rs. To carry your argument to the…

parking fine

Before HOA Can Enforce Fines, The Homeowner Has The Right To Protest

By Christopher Combs | July 12, 2020

Question: We are a community of only 32 homes in Peoria. Last summer we had a major problem with parking in the swimming pool area. We want to avoid that problem this summer. Our CC&Rs allow us to fine homeowners who violate our parking requirements. Can we just put a notice of a $75 fine on their windshield, and require them to send a $75 check to the HOA president? Answer: No. Under A.R.S. §33-1803 a homeowner does not have any obligation to pay a fine until the homeowner has had a reasonable opportunity to protest the fine to the…

For Rent

Six-Month Lease with Right to Cancel After One Week is a Short-Term Rental

By Christopher Combs | June 28, 2020

Question: Our Chandler HOA has a CC&R that prohibits short-term rentals of a home for less than six months. The six-month lease that our lawyer drafted included a provision that allowed the tenant to cancel the lease and move out with one week’s notice. Our tenant signed this six-month lease, and at the same time gave us the one-week notice to move out. After our tenant moved out one week later, a neighbor complained to the HOA that this six-month lease was actually a short-term rental of one week. The HOA agreed with the neighbor, and fined us $500 per…