ARTICLES & NEWS

HOMEOWNERS ASSOCIATION ARTICLES

Short-Term Rental Would Not Be ‘Grandfathered’

By Christopher Combs | December 26, 2021

Question: We have owned our Gilbert home for 30 years. In the last 2 years we have been the unfortunate neighbors of a short-term rental home. This short-term rental home has been a nightmare with parties every night, police being called, etc. If our community amends our CC&Rs to prohibit short-term rentals, is the neighboring short-term rental home “grandfathered” or will the short-term rentals have to stop? If the short-term rental home is not stopped, we want to sell our home. Will we have to disclose this short-term rental home? Answer: First, if the CC&Rs are amended to prohibit short-term…

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When Handyman is Required to Have Contractor’s License

By Christopher Combs | December 19, 2021

Question: We own a rental home in Chandler. We recently received a notice from the HOA that our rental home needed to be re-painted. When we contacted our next-door neighbor to see if the HOA had ordered him to re-paint his home, our next-door neighbor said that he had received the same notice. He also said that for $4,000 he would paint our rental home just like his home to comply with the HOA notice. After we paid him $4,000, and he did the painting of our rental home, the HOA said that there was never an approval for the…

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Rules Prohibiting Short-Term Rentals Probably Enforceable

By Christopher Combs | December 12, 2021

Question: We live in a Cave Creek community with CC&Rs that do not prohibit short-term rentals. Our HOA board of directors, however, recently amended our Rules and Regulations to prohibit short-term rentals of less than 30 days. Although our CC&Rs do not prohibit short-term rentals, our CC&Rs specifically state that the Rules and Regulations for our Cave Creek community are incorporated by reference. We live in this Cave Creek community, and we are delighted by this amendment to our Rules and Regulations. Other homeowners in our Cave Creek community, however, use their homes exclusively for short-term rentals. They oppose these…

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CC&Rs Can Be Amended to Prohibit Short-Term Rentals

By Christopher Combs | October 10, 2021

Question: We have CC&Rs for our community of 123 homes in North Phoenix. In the last 2 years, several of the homes in our community have been sold to short-term rental owners (“STRs”). These STRs have become nightmares with parking problems, loud parties, etc. Any amendments to our CC&Rs require approval by 51% of the homeowners, and we have support from more than 51% of the homeowners. Can we amend our CC&Rs now to prohibit STRs? If so, will the existing STRs be “grandfathered” to continue to be able to do short-term rentals? Answer: First, on April 29, 2021, a…

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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…

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Amendments To CC&Rs Must Be Reasonable

By Christopher Combs | July 11, 2021

Question: In recent columns you have said that, if the CC&Rs of a community are amended by the requisite number of homeowners, e.g., 51%, 75%, etc., the CC&R amendment is binding on all homeowners in the community, unless the CC&R amendment violates federal or state law. I am a real estate lawyer, and you are not correct. A CC&R amendment must also be reasonable. In 2010 the Arizona Court of Appeals invalidated a CC&R amendment requiring HOA membership and payment of monthly dues by all homeowners. The Arizona Court of Appeals ruled that the CC&R amendment was not reasonable because some…

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Federal Law Protects Homes For Recovering Addicts

By Christopher Combs | June 13, 2021

Question: The CC&Rs that govern our Chandler community restrict the homes to a single-family dwelling, and prohibit any “business activity.” A home in our community has recently been remodeled and converted into a halfway-house for six recovering alcoholics and drug addicts. The result has been a loss in property value of neighboring homes, e.g., one of the neighboring homes sold for almost $400,000 less than appraised value because of this halfway-house. At the last HOA meeting we were told that nothing could be done about this halfway house because of protection under The Fair Housing Act. Is that correct? Answer:…

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HOAs Can Probably Prohibit Section 8 Housing

By Christopher Combs | May 30, 2021

Question: We live in an HOA community in Chandler. One of the owners in our HOA community has recently rented to a Section 8 tenant. This Section 8 tenant and their children have been a nightmare! Loud parties and physical altercations with neighbors. Can we amend our CC&Rs to prohibit Section 8 tenants in the future? Answer: By way of background, Section 8 housing was originally authorized by the Housing Act of 1937, and now currently assists low-income households by issuing vouchers for rental payments to landlords. Although several states have laws that prohibit discrimination against Section 8 tenants, Arizona is…

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