Dennis,

Is this Declaration “always” in effect or is it superseded by the current CCRs? I am assuming that by referencing this document we must abide by its content. Is there somewhere else I should look to figure out its status?

Again, thanks for your help !
Tracy

Tracy,

The term was used early on to describe the CC&R’s for early condominiums. They are the equivalent to your CC&R’s in the document hierarchy.

State laws
CC&R’s (declaration of Horizontal Property Regime)
Articles of Incorporation
Bylaws
Rules

Dennis

Joyced.

The association has absolutely no authority to create rules that affect private property that is not specifically authorized in the CC&R’s. While most CC&R’s give the association the authority to create rules they cannot place a restriction on the use, occupancy or appearance of private property that is not specifically stated in the CC&R’s

Dennis

Dennis

So is it my understanding that the HOA is responsible for the water spots on my car due to their sprinklers? It cost me $800.00. Since no one lives next to me I now park in their parking spot.

Is it not true that AZ is a “right to dry state”?

Thank you for your response. I know words like “†he´appearance of” language so I am not making out right accusations, but you can’t go right to AZRE without any attempt to resolve the issue first. I have hired an attorney on the first problem I had with them on damages to my unit and they caved after we found proof of negligence and another time through AZRE because they wouldn’t step up on interior damage from the unit above when it involved a structural supporting wall with plumbing etc for the unit above (limited common area) that they have to approve repairs for which took 6 months of BS that was ridiculous because †heir insurance would reimburse the HOA, ∫ut I’m not about to authorize work on their turf period, and they caved again, so I’m not unfamiliar with how to go to the next step, I just wanted your opinion about what they are doing now regarding rentals, “suspicious” is where I am at too. I do have proof the board member is running a property management co even though he of course denys it. I have not made a big deal about it until he and his buddies on the board published a policy that contradicts our CCR’s. Proof of short term rentals is key I know and I don’t have that Yet. But I have to jump through hoops on my rentals filling out registration forms which I send certified to them so they can’t say they didn’t get them and of course their 25.00 each time too and making sure I rent for 30 days while their making off the cuff exceptions to line their own pockets no doubt with the managment co looking the other way.

Thanks for the response Dennis. Further research led me down that path. IMO boards shouldn’t be able to change Bylaws w/o Member concurrence. Our Articles have basically the same language as the Bylaws regarding Bylaw amendment. It appears to me that the Members could only take authority/control/power back by amending the Articles to disallow unilateral board bylaw amendments. I’m considering a campaign to get the Members to do so but don’t expect much luck. We just had our Annual Meeting (mostly board elections) where ~67 of 415 participated and 50% of those were absentee ballots. I wish Members cared more or paid more attention.

One additional comment; it should go without saying to that “visitors” which is also the term used in the announcement instead of tenants is arbitrary, because visitors don’t hold possession but tenants do. So if the owners are not going to present, then they are not visitors they hold the keys and have possession so they are tenants and should follows the same rules which may require owners to report income etc they wish to avoid and the board and property managment maybe facilitating too with a board member included running is own unlicensed, untaxed property management operation with said owners.

For some reason only the first sentence posted. I will try to put this as clear as possible, but it is a bit complicated.

1. Our condo community is a big snowbird destination during the winter. When I bought my long term rentals there, I was approached by a previous RE agent to go vacation rental with them because of the high demand in the area , which I did in later years. Our CC&R’s mandate we have to rent a min of 30 days and we are also required to send in a tenant registration providing information on who we rent to too, the date they will occupy, car plate # and copy of ID for proof of age compliance along with the more recent law passed that allows them to charge 25.00 administration fee. This must be done within 15 days or you can be fined.

2. Vacation Rentals have become big money these days and as you know new AZ state laws are almost daily coming out on “short term” rentals which have been defined by the state as 29 or fewer nights. Short term vacation rental properties rented for more than 14 days a year are required to be TPT licensed by the state and sales tax remitted etc. just like long term monthly rentals. The cities also require a business license for all rental business activity.

3. Just prior to our winter snowbird season this year when our community owner occupied and rentals sees a lot of traffic, our board made an announcement in our community newsletter that seemed to me to cross the line of our CCR’s for what seems to be the financial benefit to avoid having to comply with laws both association and state /local laws including paying taxes for those in the inner circle so to speak, which I beleive to include a board member who is operating a property managment business and receiving compensation for. It basically stated that “those that let their family and friends “use their condo” need to “call in to the community property management co and “tell them” who they are and their ages” in case they need to contact someone, THAT’S IT. This appears to be side stepping all the legal and community requirements to just insure the age requirements are being met only IMO, so we don’t get in trouble and lose are senior community status. The reason I find this conflict is, we have a “tenant” registration procedure in place already and there is no way for the property management to confirm verbal information on age, length of stay etc. Additionally, the announcement made clear that this will clear up neighbors who are reporting I guess people coming and going from the actual owners condo i’m guessing not staying long as in “short term” renting. I have actually seen a couple of rental ads for our community that stated their availability in short terms which I reported myself to property management. But this announcement seems to provide the means for some owners to get away with engaging in short term rentals on their condos and evading the laws and no doubt can provide cover for their own rental activity business.

My research on what a “Tenant” is legally is one who holds occupancy they don’t have to be paying rent or even have a rental agreement. TENANT, estates. One who holds or possesses lands or tenements by any kind of title, either in fee, for life, for years, or at will.

I have sent my concerns to the board and property managment via emails so I have a copy, but no response is their method of operation always!

It’s frustrating to watch not only the board but the property management too engage in bias administration. I was denied an age exception for a potential renter where there was a 55+ renter but the second renter would be 35 and we only allow 30 days stay but they were a first responder for our neighboring hospital during covid and they denied the exception for an additional 30 days. So they play unfair! I see some people leave the meetings frustrated because they don’t feel they can say anything as they have to live in the community, where as I don’t.

I’m not sure what can be done about this or if this is just but one more thing they can get away with because they hold the power.

Hey Dennis,
Sorry, I wasn’t very clear. Our Board of Directors would like to allow renters and “significant others” and spouses who are not on the deed the ability to attend board of directors’ meetings and speak at those meetings. Is there anything in the statutes that would prohibit us from doing that?
Thanks,
Dave