Arizona Homeowner Associations
… are very common. Most home developments in Arizona since 1985, and probably somewhat prior, have involved a homeowners association (HOA). The purpose of a HOA is to promote both property values and “quite enjoyment” of each home by its residents. Every homeowner is a “member” of the HOA. The HOA is managed by its board of directors (BOD), who are homeowners that have been elected to the BOD by a vote of all members.
CC&Rs
An integral part of a HOA, and each property in the development, are the covenants, conditions and restrictions (CC&Rs), that have been recorded against all development properties. The CC&Rs empower the HOA to control certain aspects of property within the development, both the appearance and the use of the property. When a person buys a home in such a development, the person receives a copy of the CC&R’s and agrees to be bound by their terms. Thus, the CC&R’s form an enforceable contract between the HOA, the homeowners as a whole, and each individual homeowner.
HOA Limitations
The State of Arizona has a good many statues/laws governing HOA matters such as the penalties an HOA may impose, meeting and record requirements, liens, required disclosures on the resale of a home, and limitations and restrictions on the CC&Rs themselves … just to name a few of the issues … and these laws are fairly frequently revised, generally to further limit the restrictions that CC&Rs can impose.
Read CC&Rs Prior to CLosing Purchase
As part of the decision to buy a specific home, you should thoroughly read the applicable CC&R’s to be sure you can live with the conditions and restrictions contained therein.
HOA Costs – Buyer vs. Seller
There are a variety of charges imposed by HOAs when a property within the association is sold. For a couple of these charges, the State of Arizona has laws dictating which party pays part. On page 2 of the HOA Addendum to the AAR Purchase Contract, the various changes that HOAs impose are explained. On page 3 of that document is explained which party pays what, some of which is as dictated by AZ law.
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