Bylaws Of Homeowners Without A Pool In Arizona
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FAQ
In Arizona, CC&Rs are usually enforced by homeowners associations (HOAs). In many cases, however, they may also be enforced by individual homeowners.
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.
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.
Covenants, conditions, and restrictions, or CC&Rs, are rules that homeowners within a subdivision must abide by. For instance, a typical CC&R document might say that any structures added to your home must conform to the existing structure in terms of height, material, and color.
You can use the Recorded Document Search to find the Covenants, Conditions, and Restrictions (CC&Rs) for a property or HOA. CC&Rs are typically recorded under the name of the property subdivision or the name of the HOA. When searching, please search using the "Business Name" section.
Arizona Planned Communities Act This act governs homeowners associations in Arizona and details a number of matters pertaining to planned communities, such as assessment collection limitations, the maintenance of a homeowner's association records, the management of such entities, and the requirements for meetings.
If you are installing a pool, a pool permit is required. The permit will cover the actual building of the pool and related electrical and plumbing work.
Lien Process Limitations: In Arizona, an HOA cannot foreclose on a home solely for unpaid fines (Arizona Revised Statutes 33-1807). While unpaid fines can lead to legal action or liens on the property, foreclosure is only permitted for unpaid assessments (like maintenance fees or dues), not fines alone.
It is not common for HOA's to completely deny pool installations, but a lot do restrict what you can and cannot get. Most commonly HOA's will allow fully in-ground pool installations and restrict other pool types on the property. Spas, however, fall into a different category, and that will be discussed later.
In some states, such as California, HOA bylaws are considered public record and must be made available upon request.
