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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

4 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.

  2. Can you help me with a recently amended CC&R with reference to Golf Carts. We are in a gated community here in AZ and I believe 1 board member made an addendum stating that you neeed to 16 with a valid driver’s license to drive a golf cart in our community. This was implemented recently when I purchased the golf cart for my children at Christmas 2019. Amy guidance is greatly appreciated.

    1. dennisl

      Marciann,

      There are very few details here for me to work with. CC&R’s cannot be amended by the board only by vote of a super majority of the owners. The board can implement rules without member approval but those rule must relate to specific restrictions contained in the CC&R’s. Since you live in a gated community the association must own the streets as common property. As such they are free to implement any rules relative to the use or maintenance of the common property including providing some safety limits on the use of motorized equipment on their property. While inconvenient to you the basic rule has merit relative to safety of the members of the community who also use those streets. I suspect that this was not a CC&R change but rather a new board approved rule. You are subject to those rules the same way that you are subject to the restrictions of the CC&R’s. Whether you believe this is right or wrong it is the very basic nature of life in these type of communities. If you have other neighbors that believe that this rule is unnecessary then you can all attend the next board meeting and ask the board to reconsider and offer them an alternative. If the board refuses to consider your suggestions than your only recourse will be to attempt to recall the board and elect a new board. This will involve getting a petition signed by 25% of the community owners to call for a special meeting of the member for the purpose of recalling the board. If you get that many signatures the board will be forced by law to call the meeting within 30 days. Think very hard about taking on this task relative to what can be seen by many people in your community as the board trying to assure the safety of the members of the community. It will not work in your favor.

      Dennis

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