Who has greater property rights: the HOA or individual homeonwers?

Posted by Deborah Goonan

Here’s an example of how HOA Boards attempt to change the rules of the HOA game, often without homeowners’ knowledge. And when a few homeowners find out, and attempt to alert their neighbors and collect votes for a recall, it starts to get ugly.

This story involves a golf course owner who wants to build commercial properties adjacent to residential homes. Homeowners claim their CC&Rs (Covenants, Conditions & Restrictions) prohibit commercial zoning. They say those were the rules they bought into when they purchased their homes.

The owner of the golf course says he only purchased the property under the condition that he would be able to change the zoning to allow for commercial construction.

The homeowners say the Board changed the rules to allow for just three Board members to decide on modification of land use for the golf course owner, rather than requiring a vote of HOA membership with supermajority approval. Apparently, a judge must decide if the homeowners’ association – whose Board apparently made a deal with the golf course owner –  has greater property rights than homeowners.  In HOA Land, HOA corporate interests, investors, and developers generally have greater property rights than ordinary homeowners. Those special rights for the HOA and stakeholders such as country club owners are often written into the complex legalese of CC&Rs. And state laws tend to favor collective rights over individual rights.

But maybe the judge will surprise me this time. Hopefully there will be a follow-up report from Joe Ducey.

You can read the details and see the video below.

ABC News 15, Arizona

By Courtney Holmes , Joe Ducey
9:54 PM, Jul 9, 2015

Neighbors Accuse HOA Board of Intimidation in Laveen


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