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e Landscape Guidelines are in addition to the Declaration and are binding on all Owners and Builders

The “title above” is the opening sentence of a (4 page PDF doc) I and other homeowners received from our management co recently. I recently was given noticed that I violated something in it that was not written/stated in the CCR’s and I had never seen “this” document before it was emailed to all the homeowners. So, I started investigating this doc, which by the way cannot be opened in ADOBE so I can check the “properties of it”. I can with our CCR’s ect. I also noticed that it is dated 7 mos 5 days before the actually CCR’s were written.
Strange, right, who does that?? And I confirmed today that this “said doc” was never recorded with County office. I am suspecting that this document was slipped in by pervious board members and being passed around as actual doc’s. Further more my understanding is that CCR’s have amendment’s to them and they must be recorded in order to be enforced. Do CCR’s in Arizona have additions and don’t they have to recorded in order to be valid and enforceable??? The woman at the Recorders office told me today in order to considered valid they must be recorded. Please advise

3 Responses

  1. Dennis Legere

    Lyd,
    CC&R’s and any amendments to them must be recorded to be valid. The association has the authority to create rules that do not ave to be recorded however. The ability to create rules must be authorized in the recorded documents. Anything developed prior to the recording of the CC&R are not valid because the associations does not exist until the declaration is recorded.
    You are correct in your belief.
    Dennis

    1. lyd

      Dennis thank you so much you confirming this… I have just discovered yet another document from this same board. That was put together in 2016 however they back dated the document by 8 years to 2008 in order to “grand father” it in and shoot out more violations & collect more fees from the community! I believe it is time to confront these people and have them removed from the board and other committees they are on. AND I would like to impose that these same people since they blatantly have committed fraud against the homeowners are not allowed to ‘vote’ on anything going forward, which includes their families, while they are residents in our community. Could I propose this?
      I mean we the homeowners could file a ‘class action’ suit against them since they imposed false violations that amounted to large amounts of fees over the past 8 years (that I’ve discovered) to
      nearly every resident!! The whole thing is pretty disgusting !!

      1. Dennis Legere

        Lyd,
        The greatest power you have in a community is the power to hold the board members accountable for their actions by recalling and removing them from the position of power in the community. Everything else you mentioned you cannot do because the still have every right to vote just like you do. This type of vengeance is no different than what they did to all of you. And helps no one.
        Dennis

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