AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.
azhoatruth@gmail.com
Login

Signed CC&R

I purchased my home in 1987. I don’t remember signing a covalent at closing. The previous owner had a landscaped area next to the house for his boat. When I moved in, I put my bubble-top van is the space. Six years later, in 1993, The managing company, Fairfield, tried to get me to move it. I hired an attorney and defeated them, because it was a vehicle that I used for my photography business. Now, in 2020, I am 84 years old and requested that I be allowed to keep a small camper trailer in the space for part of the year. The HOA denied my request. There are a number of RVs in area, which have been “grandfathered” in. I am beginning to wonder if, indeed, there was a covenant for me to sign in 1987, and the CC&Rs were written later. If I did not sign a covenant, is my property grandfathered? How do I get access to my 1987 records?

5 Responses

  1. dennisl

    Dick;

    No one ever signs a covenant at the time of initial closing. Covenants run with the land if you buy the land or home you are subject to the covenants that exist at the time of the sale. If no covenants existed at the time you initially bought the home you cannot be subject any covenants created later without your specific approval. That can come by signing a document or simply voting for the application of the covenants to your property.

    From what you described I suspect that covenants and the HOA existed prior to you buying your property. The only way any home can be grandfathered with respect to either a provision of the covenants (CC&R’s) or the rules or Architectural standards for the community is for that condition to have existed prior to the specific provision of the CC&R’s being added or prior to the creation of the specific rule.

    You could simply ask your community manager to see a copy of the original and current CC&R’s. If the original was dated and recorded at the county recorders office prior to you buying your property, you are subject to those covenants. You can also request to view the specific rule or provision that restricts the parking of RV’s within the community and when that provision or rule was made effective.

    Relative to grandfathering it can only apply to the owners that had an exception to the rule or provision prior to it being made effective. If they sell their home the new buyer is subject to the current covenants and rules and all grandfathering ends.

    Hopefully this helps.
    Dennis

  2. Dick Arentz

    Dennis,
    I have another question. I do not trust my HOA (I had to sue them in 1993). Rather than alerting them to my enquiries, can I go to the Co. Recorders Office? What do I ask for? CC&Rs for a certain date?
    Thanks,
    Dick

  3. dennisl

    Dick;
    You can go to the county recorders office and request a copy of the CC&R’s for your community name, but it is simpler if you have the actual record number. The search for a record without that could take some time, especially if you are unsure when the community was created. But you can try. Remember you want both the original and the current version of the covenants for your community by name.

    As for trusting the Association I understand your concern, but a recorded documents is a recorded document and it cannot be altered by the association (at least legally) only the recorded document is binding on anyone. Ask the association to simply view the original and current copies of the CC&R’s. When you do that note the record number and the book and page number of the record from the recorders stamp for both versions then go to the recorders office and request copies of those specific records. No matter what the association has what you have is the only valid document.

    Dennis

Leave a Reply