Homeowner Association Lien Typically Lost By Foreclosure

Foreclosure sign

Question: A homeowner in our Glendale community has not paid the monthly HOA fees for more than a year, and our HOA now has a lien of $8,000 for delinquent monthly HOA fees. The HOA president recently received a notice of foreclosure from the homeowner’s mortgage lender. If there is a foreclosure by the homeowner’s…

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Can Rules Be Amended to Prohibit Short-Term Rentals?

Question: Although your Q& A column has said several times in the past few years that a community can amend HOA covenants, conditions, and restrictions (CC&Rs) to prohibit short-term rentals, didn’t the Arizona Supreme Court recently rule that an HOA community cannot amend CC&Rs to ban short-term rentals? In other words, can or cannot CC&Rs…

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Short-Term Rentals and the Arizona Supreme Court

Question: Although your Q&A column has said several times in the last few years that CC&Rs can be amended by an HOA community to prohibit short-term rentals, hasn’t the Arizona Supreme Court ruled that CC&Rs cannot be amended by an HOA community to prohibit short-term rentals? In other words, can or cannot CC&Rs be amended…

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