Homeowners Should Demand CC&R Enforcement

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%…

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Amendments To CC&Rs Must Be Reasonable

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…

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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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