AZHOC - Arizona Homeowners Coalition
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1 Response

  1. dennisl

    Susan,
    First you need to understand that in an HOA all the common area actually belongs to the association and not to any homeowners. So the Association gets to decide any and all rules relative to the use of the common property. The answer to your question is yes the homeowner can consume their own liquor if the association allows them to do that if not than the homeowners cannot. It would be no different if the property in question was your house. if you allow a neighbor into your house they cannot simply bring their own liquor and drink it in your house unless you approve of that action.

    In a Condominium the situation is a little different in that all the common property belongs to all the homeowners. So the general rules that apply to HOA’s don’t apply based simply on ownership. If there are 100 unit owners that all own 1/100 of the common property then they would all have to agree to a rule affecting the use of the common property, and you know as well as I to expect 100 different people to agree on anything would be impossible. So the Declarations are written to empower the association board to decide how the common property is used, even though the association owns no part of the common property.

    Talk about a double standard, no matter what type of community you have the association gets to decide how the common property is used and what rules it wants to apply to that use.

    Dennis

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