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HOA doesn’t have CC&Rs

Hi, I just joined because I am looking for impartial info on what the responsibilities of my HOA are regarding deferred maintenence on roof and subsequent damage due to untimely maintenance. Determining this info is quite difficult as my HOA does not have CC&Rs and provides homeowners with very little info or guidance aside from a rule book with skimpy generalities. Can anyone give me guidance on how I can research this further or have any info that would help? Is there a search function that will permit me to locate this type of situation in your archived articles? Thank you for any assistance.

2 Responses

  1. Donna Simpson

    Have you requested any records from your HOA as to the maintenance records on your roof, or when it was last replaced? Try this send in a certified letter for records request in that letter ask for the maintenance log on the roof, and the last time it was replaced. Also ask for all correspondence concerning the roof as to inspections reports. For your laws in your State can be found here as to records: https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/33/01805.htm

  2. dennisl

    Jeanne,

    While Donna’s response is accurate and well stated, something is odd relative to your initial question. You state that your association does not have CC&R’s. if that statement is accurate and true then you are not an Common interest community either Condo or Planned community (HOA). The CC&R’s are the defining documents that create the planned community or Condominium. Without that recorded document there are no restrictions on the use of your property and the association cannot exist. The order of documents are the CC&R or declaration, the articles of incorporation, the bylaws and finally the rules of the association without the higher document all lower documents cannot exist for these communities. What may be happening in your community is that the association has lost track of the CC&R’s and cannot provide copies of that document to homeowners. If that is the case the association is violating the law with the sale of any home or unit in the complex or community. Arizona law requires that each and every new home owner must be provided a copy of all the governing documents prior to closing on that home.

    Because you are looking for roof maintenance records for the community I assume that you are a condominium and not an HOA to the relevant statutes are contained in ARS Title 33 Chapter 9. The records request provision is ARS 33-1258. you can find that statute with a simple google search.

    In either case a written records request under ARS 33-1805 and ARS 33-1258 mandates that the association provide the homeowner access to those records within 10 business days.

    While I do not have a good search engine for prior posting or questions on the site please feel free to simply ask any question on this site whenever and I’ll get you the answer as quickly as I can.

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