Legal Question in Real Estate Law in Arizona

HOA Rules

I have purchased a house where the HOA has written in their CC&R's that I can not rent the house out until I have lived in the house for 2 years. Can they really inforce this?


Asked on 12/15/08, 3:49 pm

3 Answers from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: HOA Rules

Yes.

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Answered on 12/17/08, 11:08 am
Terry A. Nelson Nelson & Lawless

Re: HOA Rules

OF course. You signed the purchase and escrow documents, and acknowledgment of the CC&R's with that provision, right? It is not an uncommon provision, designed to discourage speculators putting in renters that don't take care of the properties.

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Answered on 12/15/08, 4:50 pm
Robert Mccoy Law Office Of Robert McCoy

Re: HOA Rules

CC&R's are considered to be what the law calls a "covenant running with the land." This means that anyone who buys the property is bound by the CC&R's whehter he or she knows about the CC&R's at the time of purchase. However, if the seller or the real estate agents did not reveal to you that the home you were buying was subject to CC&R's you may have a lawsuit for non-disclosure. Also, if the HOA wrote the rule after you moved in, you may not be bound by it.

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Answered on 12/16/08, 10:04 pm


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