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Do CC&R’s expire?

What is the law regarding CC&Rs in Arizona. I do know that in some states, after 30yrs, they do expire, but can’t find where it is true for Arizona. Ours do not include an expiration date written into them either. Does that mean they are in effect and enforceable forever or until they are amended, voted on and rerecorded? Thank you

2 Responses

  1. dennisl

    Julie,

    There are no statutes in Arizona relative to this issue. In general the CC&R’s are in effect as long as they are recorded. Many if not most CC&R’s have provisions that address periodic renewal but that process is automatic and requires no real action to take place. The board does not even have to vote to renew the CC&R’s.

    Any amendment approved by the members of the association are not in effect until they are recorded at the county recorders office. That amended version of the CC&R’s is then applicable to all property within the community.

    Again most CC&R’s have provisions that allow the members to vote to terminate the CC&R’s that would allow them to be removed as a recorded deed restriction on the property. But that gets very messy in a planned community because the association owns the common property. Without the CC&R’s the association cannot exist and ownership of the common property is in jeopardy. Without going into a lot of detail a planned community (HOA) cannot be abolished by simply voting to terminate the CC&R’s you must also address the ownership and use of the common property.

    Dennis

    1. Julie Bardsely

      Thank you for your quick reply. Not looking to get rid of our CC7R’s we just have a homeowner who is trying to skirt the rules by saying since they are over 30yrs old they are expired and we can’t enforce them. I just wanted to get another opinion on what we thought was true for Arizona, so thank you this was very helpful.

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