Home owner associations, love 'em or hate 'em, but they're a fact of life for the majority of homeowners in the Tucson Foothills because most of the homes in the Tucson Foothills are located within subdivisions with HOA's. HOA's are a nonprofit association of homeowners charged with enforcing the CC&R'S, the Covenants, Conditions & Restrictions. John W. Murphey the original developer of Catalina Foothills Estates first introduced CC&R's in the Foothills in the 1930's with the fairly lofty goal of establishing minimum lot sizes and the preservation of desert vegetation. The CC&R's are an agreement, usually included in the deed to a property, restricting the manner in which the property can be used and to control the nature and character of a property development for the benefit of current and future owners. That was the ideal when CC&R's were conceived. Since then, CC&R's have become much more complex with a myriad of conditions and restrictions pertaining to what a resident can and cannot do. A covenant or condition may require a property owner to maintain the property according to aesthetic guidelines, such as how high you can build fences or what colors you can paint your house. They may contain building height and style restrictions, set-back requirements, forbid for sale signs on homes, restrict whether or not and when you can park on the street, prohibit lot divisions, or even what kind of plants you can plant in your front yard. CC&R's vary widely from one subdivision to another, as does the manner and degree to which they are enforced. In many subdivisions in the Foothills you can paint your house whatever color you want, as long as it's desert tan.
In any case, all of these convenants and restrictions are spelled out in the CC&R's, which in Arizona must be provided to a home buyer during the escrow period. And the home buyer has a right to cancel the contract to buy the home, with no penalties, if they find elements of the CC&R's that that are not acceptable to them. Yet many home buyers do not read the CC&R's when they receive them during the escrow period, and later they find out that they can't build a studio over the garage, or indulge their love of palm trees by planting a grove of them around the house. Worse yet is when someone buys a home which has an as-yet undiscovered violation of the CC&R's, which is later discovered by the HOA, and must now be corrected by the the new homeowner, at their expense. That almost happened to me on a house I was in escrow to buy that had two small supplemental heating/cooling units on the roof. These units were barely visible from the ground, but they were there and you could see them if you looked from just the right angle, and amongst the 30 of so pages of the CC&R's was a restriction that no heating/cooling apparatus was permitted on the roof. So I spoke to the listing agent about this and asked him if the current owners had a waiver from the HOA for these units. He said they didn't. And apparently they didn't want to go through the expense and trouble of having them moved to satisfy me, and apparently they didn't think that I'd cancel the contract over this. But I did, because I didn't want to inherit their violation of the CC&R's and then have to go through the expense and trouble of having them moved. There was more to it than that, but that's another story. Meanwhile this same listing agent told me that he thought that the no heating/cooling on the roof restriction was one of those things that are on the books but not really enforced. Ah hah. So I called the president of the HOA to have a friendly chat and try and get a sense of how the CC&R's are enforced. During our discussion, when I brought up the subject of heating/cooling units on the roof, and the fact that I could have sworn that I'd seen one or two in the neighborhood -I didn't let him know that the house I was intending to buy had them on the roof - he was very emphatic in letting me know that they were not permitted and that it was strictly enforced. Well not too strictly, these units had been up on the roof for a year or more.
HOA's have been getting a lot of ink lately about what are considered their overly restrictive practices and the manner in which they attempt to enforce the rules on residents who are found to be in violation. This enforcement has gone so far as to attempt to foreclose on the homes of noncomplying residents. Homeowners associations should not have that kind of power, foreclosing on someone's home is not something to be decided by a group of people who may have a vested interest or a conflict of interest, or who are at the very least, likely to be emotionally involved in the situation. That kind of power and authority goes way beyond the intent of why HOA's were created, and any reasonable interpretation of what their role should be in enforcing the CC&R's as a way to control the nature and character of a property development for the benefit of current and future owners.
For the latest on HOA's see this story on the AZ legislature and HOA's from the AZ Daily Star, Legislation would rein in power of homeowners associations.
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