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…

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Federal Law Protects Homes For Recovering Addicts

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…

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HOA Does Not Waive CC&R Enforcement for Past Non-Enforcement

HOA Does Not Waive CC&R Enforcement for Past Non-Enforcement  Question: One of the problems in our North Phoenix community has been our HOA failing to enforce the CC&Rs that prohibit parking cars on the grass next to the driveway.  At our annual meeting last month we elected a new Board of Directors for our HOA.  Although…

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