Legal Question in Real Estate Law in Arizona

Unreasonable HOA Rules

I own a condo that I lease out. When I decided to purchase the condos I was careful to read all of the CC&Rs because I wanted to be able to use the community pool. The CC&Rs state that ''All Owners and Occupants have the right to quiet enjoyment ... of all common areas''. The board has decided that since I have a tenant I have relinquished my right to use the pool. The CC&Rs state that there must be a 75% vote before a CC&R stipulation can change. Can they legally keep me from using the pool facilities?


Asked on 7/02/08, 11:27 pm

2 Answers from Attorneys
Gloria Meyer Meyer Law Office

Re: Unreasonable HOA Rules

If you are saying that neither you nor your tenant are allowed to use the pool, then I agree that the HOA can't do that. But if you are saying that your tenant uses the pool and you want to use it too . . . maybe they can. It sounds like the intent of the rule was to allow the occupants to use the pool.

Read more
Answered on 7/03/08, 10:44 pm
Brian Blum Blum Law Office, PLC

Re: Unreasonable HOA Rules

No. They can't do that.

Read more
Answered on 7/02/08, 11:55 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Arizona