Forum Discussion
ItsyRV
Feb 22, 2021Explorer
KMB, they way ti works in AZ is the CC&R's are enforceable by private lawsuit if there is no HOA. Any property owner in that sub-division can sue you to enforce the CC&R. It will be up to a Judge to decide if the CC&R will be enforced as written, enforced with modifications, will not be enforced as it goes against public policy, or not enforced as it's been abandoned due to no prior enforcement of violation.
as for the dissolution of the CC&R, there usually is a mechanism in the CC&R that is also done via a private action lawsuit. It may not actual be in a section for dumping the entire CC&Rs but it may be under a section about modernizing or updating the CC&Rs.
In the absence of any specific wording in the CC&Rs about duration, it defaults under AZ law to municipal regulations. You need to find out what definition the municipality (town, city, county) has in their ordnances on issues of duration (not to be confused with where it applies on the property but only the definition of duration for "parked" or "stored") if not spelled out in the CC&R's.
You will find that many of those older CC&R's are still legal simply because nobody ever decided to take action to dissolve them. Sadly, attempting to get rid of them could backfire and result in people suing each other to enforce them.
as for the dissolution of the CC&R, there usually is a mechanism in the CC&R that is also done via a private action lawsuit. It may not actual be in a section for dumping the entire CC&Rs but it may be under a section about modernizing or updating the CC&Rs.
In the absence of any specific wording in the CC&Rs about duration, it defaults under AZ law to municipal regulations. You need to find out what definition the municipality (town, city, county) has in their ordnances on issues of duration (not to be confused with where it applies on the property but only the definition of duration for "parked" or "stored") if not spelled out in the CC&R's.
You will find that many of those older CC&R's are still legal simply because nobody ever decided to take action to dissolve them. Sadly, attempting to get rid of them could backfire and result in people suing each other to enforce them.
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