HELP! Contenintal Ranch HOA BULLY! (Phoenix, Tucson: sale, real estate, attorney)

[Tucsonrider]

Hi,

I've had it with the Continental Ranch HOA!

Someone please help me figure this out.

I recently got a letter from the HOA that my front yard is out of compliance according to the CC&R. I don't have enough bushes.

According to their bylaws, the front yard was to be approved by the HOA and the contracting home builders.

My home was built in 1998 and nothing was brought up.

I bought my home in 2003 and still, nothing was brought up.

Now 4 years later, they say that I have to bring my front yard up to code or they'll fine me.

Now I asked what right they had that they can do this. They stated ARS 33-1806 (Resale of units; information required; definition).

Well, for one, I'm not planning on reselling my property (not yet anyway). Second, it stated that they had 10 days to notify me of anything that was was in violation. They did NOT. Now 4 years later, they are forcing me to change my yard?!

Can they do this? Please, soneone help me or point me to a resource I have available through legal action.

[ivanabacowboy]

I am not a real estate attorney, but I do work in commercial real estate lending (ie we finance the builders who get the CC&R's recorded in the first place so I have read like millions of them). I didnt look up that statute they cite but it is most likely something that refers to the CC&R's as covenants which "run with the land" (ie that on title transfer the buyer takes title SUBJECT to them and agrees by accepting title to abide by them). Notwithstanding their "notice requirement", I suspicion that is a battle you will lose if you attempt to fight it because the CC&R's are public record-->and you are bound by them. That it is your obligation as a homeowner to have read and understood them and comply with them and to make sure that during all times of your ownership the property complies--->notwithstanding that the HOA waited to enforce its rights under them. Most legal documents, and I suspicion the CC&R's in your subdivision as well, have an "out" for the HOA that by not enforcing things they do not waive their right to later require compliance.

Hypothetical: say the previous owner sold to you. You occupied the house. The CC&R's require you have 5 trees. Some vandal comes in the middle of the night and steals 2 of your trees. You are entirely on the hook for making sure the requisite trees are replaced as taking title obligates you to ensure the property remains in continued compliance. Even say the trees had been removed by the previous owner BEFORE you took possession. Same end result-->you must ensure that the property continues to comply. (Now if you could somehow prove it was the previous owner and your purchase agreement contained a representation by the owner that property was undisturbed and in compliance with all CC&R's etc, you may have legal recourse against the previous owner (shakey but maybe)-->however nothwithstanding the outcome of your claim against the previous owner, you are still 100% obligated to maintain the property as compliant.

You can consult with a real estate attorney, but as I said, I suspicion there is not much you can do to beat an item that is of public record.

Others may have different opinions.

[Tucsonrider]

Thank you for the response.

33-1806 - Resale of units; information required; definition

33-1806 - Resale of units; information required; definition

33-1806 - Resale of units; information required; definition

ARS 33-1806 (Resale of units; information required; definition) states:

A. For planned communities with fewer than fifty units, a member shall mail or deliver to a purchaser within ten days after receipt of a written notice of a pending sale of the unit, and for planned communities with fifty or more units, the association shall mail or deliver to a purchaser within ten days after receipt of a written notice of a pending sale that contains the name and address of the purchaser, all of the following:

....

3. A dated statement containing:

...

(e) If the statement is being furnished by the association, a statement as to whether the records of the association reflect any alterations or improvements to the unit that violate the declaration. The association is not obligated to provide information regarding alterations or improvements that occurred more than six years before the proposed sale. Nothing in this subdivision relieves the seller of a unit from the obligation to disclose alterations or improvements to the unit that violate the declaration, nor precludes the association from taking action against the purchaser of a unit for violations that are apparent at the time of purchase and that are not reflected in the association's records.

I do have satellite photos showing dating back since the house was built to the current year that only 3 plants were on my front yard. No more, no less.

I just don't get how the HOA can just up and decide to force me to change my yard or fine me. Had this yard complaince violation been brought up during my purchase, I would have complied or not bought the house. I don't mind the rules it's just the gestapo like practices of my HOA that bother me. I would gladly bring it up to code if I was reselling as the ARS states.

[Henrietta Hippo]

Did you know that Continental Ranch HOA has raked in over ONE MILLION DOLLARS alone just in their yearly dues?
Have you asked where this money is going?
Don't you wonder why Continental Ranch HOA hasn't put in street lights to reduce the recent outbreak of vandalism in our neighborhoods? They can surely afford it!

[Tucsonrider]

My girlfriend just commented to me about the lack of street lights!

I also looked at the financial statement of the previous year I moved in, a good percentage of money was from FINES! That should have warned me, but I just glossed over it.

I so want to move out but with the housing slump, I'm afraid my house wont sell.

Apparently there's some meeting tonight at 7pm. I'll be there and hopefully find a resolution to my problem.

[Bummer]

This is probably not the response being sought but . . .

I have little or no sympathy for anyone who purchases an HOA Home without fully, and I do mean FULLY, researching the CC&R's.

When the rules of an HOA are adhered to and respected, the quality of life in that community is assured as well as the overall appreciation of the homes which is a positive for each and every homeowner.

Bottom line: if the rules covered in CC&R's are offensive . . . DO NOT PURCHASE THE HOME.

[Tucsonrider]

I have no problem with the rules. What I have a problem is when the HOA doesn't follow it's OWN rules and then hassles the home owner.

The problem I'm having with them is according to ARS 33-1806, 10-days before I closed on my home, the HOA had that opportunity to bring up any code violations. Not only that, but they should have brought the code violation to the attention of the home builder when the house was built!

9 years they waited until they finally said, "You have to bring up your yard to compliance." 9 YEARS. They had 2 (TWO) opportunities to fix this, but they didn't and now passing the buck for THEIR mistake on me.

I'm sorry, but if YOU believe that's how the HOA should operate, then I'm sorry for you.

[Bummer]

Originally Posted by Tucsonrider

I'm sorry, but if YOU believe that's how the HOA should operate, then I'm sorry for you.

That is NOT what I posted, Tucsonrider.

All too often, Homeowners will P & M about the rules of an HOA (overnight street parking, exterior color choices and modification, etc). My comment was directed towards them and that they should have considered those rules prior to purchasing.

In your case, the mere fact the "violations" have exisited for many years as well as prior to your purchase, I definitely believe you have a legitimate complaint. In fact, I believe there is a law where any "violation" not addressed by the HOA during Closing must be "grandfathered" in as acceptable.

Plan B would be to hold the Seller and/or Listing Agent liable for all expenses if the HOA is able to confirm they were aware of the problem.

Good Luck

[BillyBaroo]

HOA's sound like a pain, but the Tucson City government can be a pain too. I'm in a neighborhood where ParkWise started enforcing old parking laws that hadn't been enforced in fifty years. And they didn't send out warnings first, they put $100 tickets on all the cars.

You know all those new sidewalks the city is putting in? They become the responsibility of the property owner. So now that the warranty has expired, residents are expected to repair them. This quote was in the newspaper this morning.

Steve Pageau, the Tucson Transportation Department's deputy director, said "by current code it is the property owner's responsibility to repair and maintain the sidewalk."

From what I've read, the biggest problem with HOA's seems to be the lack of legal recourse available to homeowners belonging to an HOA. Citizens have a lot of ways to be heard when they are angry and they have ways of changing laws. I don't think HOA members have as many options, although some recent legislation is changing that. I was glad to see some of the changes that were made concerning equipment used for solar power. I've also heard a lot of stories about some power hungry people that get on the boards of HOAs. They get overzealous and just make people miserable.

[sierraAZ]

Don't you wonder why Continental Ranch HOA hasn't put in street lights to reduce the recent outbreak of vandalism in our neighborhoods? They can surely afford it!

It's not only Continental Ranch. Tucson is being kept dark because of the darn astronomers. I'm sick of that myself. Hope Phoenix gets brighter and brighter and finally forces them out of here! I have a contract on a house in a pitch-dark development, too... What's the point of the walking paths, parks, etc. if you can't enjoy them after dark. Not sure how I'll get used to it.

As far as the annoying HOAs, their wings were somewhat clipped a few years ago - AZ - Homeowners Gaining Rights