Legal Question in Real Estate Law in Arizona

Re: Neighborhood board of management

Not having a copy of the CC&Rs at my disposal, I am somewhat disadvantaged in giving a comment. Also, the CC&Rs probably give the board the ability to establish fees and policies.

That said, I question a policy of having one homeowner pay more than another. Does your subdivision have common amenities, such as a pool, recreation hall, playground, etc? There might be a safety reason to have the names of renters registered. What rationale does the board give for the different fees and the registrations?

Need to know more,

James D. Jenkins

Re: Neighborhood board of management

When you buy a home in a planned community with CC&Rs and HOA rules and regulations, you have given up your rights and agreed to perform your duties and obligations as described in the documents and your rights are limited by the operations of the association and the rules adopted by the association. The action taken by the board and the HOA must be done properly and according to law, so that any objection you have to the action of the board must be proven to be contrary to corporate law, contrary to the rules of the association and what is required to adopt new rules, and of course, must not be discriminatory against an individual. It is not necessarily discriminatory to pass a resolution that rental property be treated differently than owner occupied.