07-30-2007, 03:42 PM
12 posts, read
72,912 times
Reputation: 18
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.
07-30-2007, 04:18 PM
Location: Scottsdale, Arizona
1,270 posts, read
5,209,353 times
Reputation: 1131
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.
07-30-2007, 04:47 PM
12 posts, read
72,912 times
Reputation: 18
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.
07-30-2007, 05:30 PM
1 posts, read
8,285 times
Reputation: 12
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!
07-30-2007, 05:43 PM
12 posts, read
72,912 times
Reputation: 18
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.
07-30-2007, 07:08 PM
Location: Southern Arizona
9,601 posts, read
31,704,817 times
Reputation: 11741
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.
07-31-2007, 09:32 AM
12 posts, read
72,912 times
Reputation: 18
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.
07-31-2007, 10:56 AM
Location: Southern Arizona
9,601 posts, read
31,704,817 times
Reputation: 11741
Quote:
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
07-31-2007, 12:06 PM
Location: Red Rock, Arizona
683 posts, read
2,651,680 times
Reputation: 513
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.
07-31-2007, 02:12 PM
Location: Tucson
42,831 posts, read
88,170,643 times
Reputation: 22814
street lights
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 -
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People in Group quarters - Other types of correctional institutions (%)
People in Group quarters - Nursing homes (%)
People in Group quarters - Hospitals/wards, hospices, and schools for the handicapped (%)
People in Group quarters - Hospitals/wards and hospices for chronically ill (%)
People in Group quarters - Hospices or homes for chronically ill (%)
People in Group quarters - Military hospitals or wards for chronically ill (%)
People in Group quarters - Other hospitals or wards for chronically ill (%)
People in Group quarters - Hospitals or wards for drug/alcohol abuse (%)
People in Group quarters - Mental (Psychiatric) hospitals or wards (%)
People in Group quarters - Schools, hospitals, or wards for the mentally retarded (%)
People in Group quarters - Schools, hospitals, or wards for the physically handicapped (%)
People in Group quarters - Institutions for the deaf (%)
People in Group quarters - Institutions for the blind (%)
People in Group quarters - Orthopedic wards and institutions for the physically handicapped (%)
People in Group quarters - Wards in general hospitals for patients who have no usual home elsewhere (%)
People in Group quarters - Wards in military hospitals for patients who have no usual home elsewhere (%)
People in Group quarters - Juvenile institutions (%)
People in Group quarters - Long-term care (%)
People in Group quarters - Homes for abused, dependent, and neglected children (%)
People in Group quarters - Residential treatment centers for emotionally disturbed children (%)
People in Group quarters - Training schools for juvenile delinquents (%)
People in Group quarters - Short-term care, detention or diagnostic centers for delinquent children (%)
People in Group quarters - Type of juvenile institution unknown (%)
People in Group quarters - Noninstitutionalized population (%)
People in Group quarters - College dormitories (includes college quarters off campus) (%)
People in Group quarters - Military quarters (%)
People in Group quarters - On base (%)
People in Group quarters - Barracks, unaccompanied personnel housing (UPH), (Enlisted/Officer), ;and similar group living quarters for military personnel (%)
People in Group quarters - Transient quarters for temporary residents (%)
People in Group quarters - Military ships (%)
People in Group quarters - Group homes (%)
People in Group quarters - Homes or halfway houses for drug/alcohol abuse (%)
People in Group quarters - Homes for the mentally ill (%)
People in Group quarters - Homes for the mentally retarded (%)
People in Group quarters - Homes for the physically handicapped (%)
People in Group quarters - Other group homes (%)
People in Group quarters - Religious group quarters (%)
People in Group quarters - Dormitories (%)
People in Group quarters - Agriculture workers' dormitories on farms (%)
People in Group quarters - Job Corps and vocational training facilities (%)
People in Group quarters - Other workers' dormitories (%)
People in Group quarters - Crews of maritime vessels (%)
People in Group quarters - Other nonhousehold living situations (%)
People in Group quarters - Other noninstitutional group quarters (%)
Residents speaking English at home (%)
Residents speaking English at home - Born in the United States (%)
Residents speaking English at home - Native, born elsewhere (%)
Residents speaking English at home - Foreign born (%)
Residents speaking Spanish at home (%)
Residents speaking Spanish at home - Born in the United States (%)
Residents speaking Spanish at home - Native, born elsewhere (%)
Residents speaking Spanish at home - Foreign born (%)
Residents speaking other language at home (%)
Residents speaking other language at home - Born in the United States (%)
Residents speaking other language at home - Native, born elsewhere (%)
Residents speaking other language at home - Foreign born (%)
Class of Workers - Employee of private company (%)
Class of Workers - Self-employed in own incorporated business (%)
Class of Workers - Private not-for-profit wage and salary workers (%)
Class of Workers - Local government workers (%)
Class of Workers - State government workers (%)
Class of Workers - Federal government workers (%)
Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)