AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.

Restricting Subcontractor

We recently had a situation where a subcontractor hired by Homeowner X did things that were inappropriate in our community. For example, they searched-out and went to a non-involved neighbor homeowner “Y” and generally was a bully to her, disrupting her welfare and right to peaceful enjoyment of her property. Mrs Y was attacked because she was a member of the ARC and this subcontractor did not agree with the ARC process and he wanted to let her know and feel his rage. This subcontractor has done other things that are violations of our CCRs, but those violation notices get pushed to the homeowner that hired the subcontractor.

We have a CCR that says “in the event … , activities, … are deemed by the Board to be a nuisance or to adversely affect the … welfare of Owners and Residents, the Architectural Committee may make rules restricting or regulating their presence on the Lot or Tract …”
So, if the Board deems the subcontractors activities were a nuissance and/or adversely affected the welfare of a Resident, can the ARC make a rule to restrict or regulate that subcontractor in the future in our private, gated community? For example, denying approval of future submittals that use this subcontractor, or prohibiting this subcontractor’s presence in our private, gated community?

1 Response

  1. dennisl

    Interesting question. I’m not an attorney so i can provide no legal advice, but this is somewhat outside the norm of HOA authority. Typically what would happen in a case like this is to hold the homeowner responsible for the behavior of the contractors that work for them. Clearly what the sub-contractor did was totally inappropriate but the homeowner brought him into the community. To apply some sort of ban on that contractor working or even entering the community would probably be a violation of Arizona’s right to work provisions in the constitution. While I would agree that the association is free to create rules to protect homeowners from nuisance and harassment behaviors of other homeowners that impact their comfort and enjoyment of their homes, I know of no other case where this was applied to non-residents of the community. If I were you I would consider informing the community of what took place and advising them that if this contractor is considered for any work that would require ARC approval then that approval would not be granted. You could then establish a rule that requires the homeowners to identify the proposed contractors and sub contractors to be used on all projects requiring ARC review and approval.


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