Legal Question in Real Estate Law in Arizona

Thwart Homeowners Association

What powers or real control does a homeowners association have over me and my property? Can I tell them to pound sand? My brothers and I are building a house in Sedona, AZ., for our mother. Because we are not a construction company, the assoc. required a $10,000 CD with their name as co-holder. Because we are taking longer to complete the house then they like, they intend to fine us. Can they? They will release the cd when the house exterior has "a completed look". We are very close to "a completed look". We could use the money now. What can we do now or in the future in dealing with these snobs?

Thank You


Asked on 12/05/99, 8:16 am

1 Answer from Attorneys

Thomas W. Newton Tims & Newton

Re: Thwart Homeowners Association

In reply to your inquiry, let me offer the following:

Unfortunately, I can't give you specific information on

Arizona law. I suspect, however, that the place to

start would be with a review of the CC&Rs -

the Covenants, Conditions and Restrictions that

govern the property subject to the HOA. Also,

you should review the by-laws of the HOA.

I understand that dealing with HOAs can be

frustrating in the extreme. I'd make them quote

you the specific provisions of the CC&Rs and/or bylaws

on which they rely, then contact an attorney experienced

in this type of law in the Sedona area.

Let me know if I can be of further help.

Feel free to let me know if you have questions or

comments. Now, let me give the "de rigeur" caveat:

The foregoing information is provided as an

accommodation only, and does not constitute legal

advice or a legal opinion based on a comprehensive

review of all relevant facts and documents, nor can

provision of such information be construed as

creating an attorney-client relationship.

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Answered on 12/06/99, 4:03 pm


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