Legal Question in Real Estate Law in Arizona
Thwart Homeowners Association
What powers or real control does a homeowners association have over me and my property? Can I tell them to pound sand? My brothers and I are building a house in Sedona, AZ., for our mother. Because we are not a construction company, the assoc. required a $10,000 CD with their name as co-holder. Because we are taking longer to complete the house then they like, they intend to fine us. Can they? They will release the cd when the house exterior has "a completed look". We are very close to "a completed look". We could use the money now. What can we do now or in the future in dealing with these snobs?
Thank You
1 Answer from Attorneys
Re: Thwart Homeowners Association
In reply to your inquiry, let me offer the following:
Unfortunately, I can't give you specific information on
Arizona law. I suspect, however, that the place to
start would be with a review of the CC&Rs -
the Covenants, Conditions and Restrictions that
govern the property subject to the HOA. Also,
you should review the by-laws of the HOA.
I understand that dealing with HOAs can be
frustrating in the extreme. I'd make them quote
you the specific provisions of the CC&Rs and/or bylaws
on which they rely, then contact an attorney experienced
in this type of law in the Sedona area.
Let me know if I can be of further help.
Feel free to let me know if you have questions or
comments. Now, let me give the "de rigeur" caveat:
The foregoing information is provided as an
accommodation only, and does not constitute legal
advice or a legal opinion based on a comprehensive
review of all relevant facts and documents, nor can
provision of such information be construed as
creating an attorney-client relationship.
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