HOMEOWNERS ASSOCIATION LAW

If you buy a home in a planned community, like a subdivision, you will be required to be part of a homeowners’ association (HOA). The rules of the HOA are described in what is called the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). HOAs enforce these CC&Rs.

There is no statute in Arizona that prohibits private regulation by CC&Rs of vacation rentals. An Arizona statute, however, prohibits public regulation by a city or town of vacation rentals less than 30 days. ARS § 9-500.39. Therefore, your Desert Mountain CC&Rs as private regulation can be enforced to prohibit vacation rentals.

At the time of the foreclosure sale the lien for $2,200 in unpaid HOA fees is extinguished.  The former owner of the home, however, still has personal liability for the $2,200 in unpaid HOA fees.  The first mortgage lender as the new owner of the home is only liable for HOA fees incurred after the date of the foreclosure.

Most CC&Rs have a non-waiver provision.  If your CC&Rs have this non-waiver provision, the CC&Rs prohibiting parking on the grass are probably still enforceable despite the failure to enforce prior violations for many years.

In general, there are four statutory exceptions to the open meeting laws that permit an HOA board of directors to meet in executive session without the presence of any homeowners: (1) legal advice, (2) pending or contemplated litigation, (3) personal information about homeowners, including dues/fines delinquencies, and (4) job performance of employees. See A.R.S. § 33-1248 (condominiums) and A.R.S. § 33-1804 (homes) for more detail.

Probably. The utility provider can require that the bucket truck be available to the homeowner- employee if there is a service outage or other emergency. If the bucket truck weighs less than 20,000 pounds, is owned by the utility provider, and bears a visible designation of this ownership, your CC&Rs cannot prohibit the overnight parking of the bucket truck on the street (or driveway).