Restrictive Covenants Without Hoa In Arizona
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FAQ
HOA parking rules in Arizona say that the HOA has "no authority over and shall not regulate any roadway" if it is a public street.
Arizona courts have found restrictive covenants to be reasonable and enforceable when they protect some legitimate interest of the employer beyond simply protection from competition.
Arizona courts have confirmed that CC&Rs are a contract between all the homeowners bound by the CC&Rs, so any other homeowner has the right to file a lawsuit to enforce that contract.
Except in cases where the governing documents specify otherwise, the request for dissolution must be approved by a majority of the votes or a majority of the voting power, whichever is less.
You will need to have the agreement of at least 80% of the HOA members. Unless the HOA is doing an extremely poor management job, this will be difficult, since the other homeowners chose to buy in that neighborhood. Because the HOA was created through legal documents, dissolving it will also be a legal process.
The Supreme Court held that an HOA may not rely on a general amendment power provision in its covenants, conditions, and restrictions to place restrictions on landowners' use of their land only as to those restrictions for which the HOA's original declaration has provided sufficient notice.
An HOA cannot technically “force” you to sell your home for not following the HOA rules. However, in an extreme case it could put a lien on your home, and then choose to foreclose on the lien.
The absence of an HOA board can result in significant risks, including financial mismanagement, where bills go unpaid and dues are uncollected, leading to financial instability. Residents and city officials can also bring about legal actions against the HOA, resulting in expensive court actions.
