Enforce CC&Rs Or Arizona Real Estate Law May Deem Abandoned

The developer of an Avondale subdivision completed all of their home sales two years ago and the understanding at the time was the homeowners would then became responsible for the enforcement of the CC&Rs regulating our subdivision. Since that time, however, there has been no enforcement of the CC&Rs, especially relating to alteration and remodeling of homes in the subdivision. The residents do not have a homeowners’ association (“HOA”) nor do they pay any HOA dues however some residents are concerned that property values in the subdivision will deteriorate rapidly unless an architectural committee is formed and the CC&Rs are enforced. Is there anything that the residents can do?

The CC&Rs should provide that the homeowners can establish an HOA and elect a board of directors to govern the HOA. The board of directors, or the architectural committee formed by the board of directors, generally has the power to enforce the CC&Rs with respect to alteration and remodeling of homes in the subdivision. One resident needs to take charge and organize the neighbors in order to establish an HOA and a board of directors, and then form an architectural committee. If the neighbors will not support the HOA, an individual homeowner generally can enforce the CC&Rs. The “bottom line” is that, if the CC&Rs are not enforced either by the HOA or by the individual homeowners in the subdivision, under Arizona and real estate law all of the CC&Rs may be deemed abandoned.

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