HOMEOWNERS ASSOCIATION ARTICLES
Short-term rentals changing Sedona in long term
Question: Twenty years ago, we retired and paid $188,000 for a small home in Sedona within walking distance of Oak Creek. Although Sedona was a busy tourist town during the summer, the rest of the year it was just a wonderful place to live. Everybody knew most everybody else, and the occasional snowstorm was always fun. We are now moving back to Oklahoma to live with our son and his family. We are selling our home to a short-term rental investor for $1.2 million. Although we will always miss the old Sedona, the new Sedona with all the short-term rentals is…
The Reason Insurance May Not Cover Damage from Settling Foundation
Question: We have owned a ranch home in an isolated area of Yavapai County for more than 10 years. The water table has been going down since we moved here, and we now have 2” cracks in our flooring from the settling of our foundation, which is only getting worse. We filed a claim with our homeowners’ insurance company, which was denied because the destruction of our home was not a “casualty.” If the collapsing of your home is not considered a casualty covered by homeowners’ insurance, what is a “casualty”? Answer: Most insurance policies define a “casualty” covered by…
American Flag Can Be Flown “Upside Down” As A Signal of “Dire Distress”
Question: In a recent column you said that an HOA can generally prohibit a homeowner from flying the American flag upside down. Is that a state or federal law, or some “BS” HOA rule? I always thought that flying the American flag upside down meant that our country is in deep trouble such as the last four years with the invasion of our borders and media disinformation. Answer: Whether or not you are in an HOA, a federal law allows the American flag to be flown upside down as a “signal of dire distress in instances of extreme danger to…
Can HOA Prohibit US Flag From Being Hung Upside Down?
Question: One of our neighbors in our Glendale community flies the “upside down” flag on his roof. (His brother was apparently one of the “January 6” protesters.) At our last social gathering by the swimming pool there was a loud argument, and almost a fistfight about this flag. Our HOA board of directors now wants to prohibit all political flags except the Stars and Stripes. Would that prohibition be allowed? Answer: No. Under ARS 33-1808(A) an HOA cannot prohibit a homeowner from flying not only the American flag, but other flags such as the Arizona state flag, the POW/MIA flag, and…
Court Can Issue Injunction Against Unhealthy Smoking By Neighbor
Question: We live in a mobile home park in East Mesa. Our next-door neighbors were nice winter neighbors. For health and age issues, however, they will no longer be coming back. Their son and two of his friends now occupy our neighbors’ mobile home. The three of them sit outside almost every night smoking cigarettes and whatever. The smoke is everywhere, even in our bedroom air conditioning unit. Our property manager says that they cannot stop anyone from smoking outside. Is there anything that we can do? Answer: There are sophisticated machines that can calibrate cigarette smoke levels, similar to…
Can HOA Prohibit the Re-Painting of the Home in Original Color?
Question: We have lived in our Chandler home for twelve years. We recently received a letter from our HOA Board of Directors stating that the homes in our community can only be painted certain colors, primarily darker colors. We are now prohibited from re-painting our home its original color. Should this action by our HOA Board of Directors have required the approval of the homeowners? Answer: You should review your CC&Rs, architectural guidelines, and other governing documents for your community, and also contact your HOA Board of Directors to request the specific language in these documents which authorizes the change…
CC&Rs Cannot Prohibit “For Sale” Signs by Homeowners
Question: We want to sell our Glendale home ourselves and put a “For Sale By Owner” sign in our front yard. One of our neighbors is a Realtor, and she says that our CC&Rs only allow Realtors to put up “For Sale” signs. Don’t we have the right to place a “For Sale By Owner” sign in our own front yard? Answer: Yes. A.R.S. § 33-1808 allows a “For Sale by Owner” (“FSBO”) sign that is reasonable in size even if there is a CC&R prohibition.
CC&Rs May Be Waived If No Enforcement
Question: In our Mesa subdivision we have never had a Homeowners Association (“HOA”). The result is that our CC&Rs requiring HOA approval of sport courts have never been enforced, especially in relation to the recent construction of three pickleball courts. One pickleball court is next to our master bedroom. Who is responsible for enforcing our CC&Rs? Answer: If there is no HOA to enforce the CC&Rs, each of the individual homeowners has the right to enforce the CC&Rs. Because of the time and expense, however, rarely do individual homeowners enforce CC&Rs. If your CC&Rs have never been enforced, the enforcement…
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