Buying or Selling a Home/covenants

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Expert: - 9/29/2008


Question
I purchased a home in a subdivision that has an hoa. When I was looking at this house I informed the agent that I had a 29 ft camper would that be a problem. He said he would check but he felt like it would not be a problem. Now keep in mind  when we were looking at this house the neighborhood was not totally developed yet, so it was still under the control of the developer. to make a long story short I bought the house and parked the camper in the back yard. I had never heard of a hoa before until we looked at several developments and knew nothing of the restrictions and or consequences that went with them. We knew they had a hoa but was told that the camper would not be a problem. We never saw the actual covenant documents until after we purchased the house. No one told us we had the right to veiw them 96 hrs. prior to purchase. We have found this out nine years later from an agent with another development. My hoa board had me come to a hearing to tell me I had ten days to move my camper or be fined. My question is since my wife and myself were not show the documents nor were we explained to what they were or what they meant, do I have any rights as far as trying to fight this decision. I would so greatly appreciate any help with this as it would put an unnessary financial burden on me to have to store it

Answer
Hello Randy - Each state has different statutes (laws) with unique requirements with regard to HOA's jurisdiction. In addition, each state has a governing agency that real estate sales requirements including notice to buyers of the codes, covenants and restrictions (CC&R's). These are the governing instruments preserving the way-of-life in your community. HOA's and CC&R's are actually good things to protect the value of your home and the aesthetic nature of your sub-division. Unfortunately, The problem is in the enforcement of the rules if the community is not managed by a property management firm. Also, the HOA Board plays a role in what the CC&R's say. Of course, so do you as a homeowner. The homeowners rule by communication, participation and rallying the other homeowners. Well back to the issue... In AZ, for instance, you would have been required to sign a statement that indicated you received the CC&R's and reviewed them and signed that you agreed to abide by them. This is the reason for the notice. It is not uncommon for new residents of a state with HOA's to overlook the importance of the CC&R's. It would be a buyer agents responsibility and duty to help a new resident learn as much about AZ as possible. This normally comes up in conversation when asked 'where are you from?". But there is probably no liability since you signed indicating you received, read, and accepted it. That said, since you have lived in the community now for 9 years you should have been exposed to the fact that HOA's have CC&R's and almost all of them prevent any RV, boat, camper, motor toys and structures from being parked on the premises where they can be seen from the street or a neighbors yard. One questions though is why has it taken the HOA 9 years to discover this? You may be able to petition the HOA for a variance to the rule. Or you could rally the homeowners to remove the requirement in the CC&R's. Maybe other feel the same way! In the end, if the CC&R's say no campers... or whatever the rule they say you are violating is... then there are no campers. Period. I would recommend you either petition for a variance or (depending on the size of your community) notify all the homeowners in person or in letter of your request to abolish the rule. If the homeowners sign your petition indicating they agree to change the rule, then you can go to the next HOA meeting and make your request. You will have to review the HOA's procedures for timing of notice, the petition process, etc. Be prepared for a small battle with other homeowners but in the end you may just win the war!! Hope this helps - Todd

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Todd C. Menard

Expertise

National Association of Realtors Code of Ethics and Professional Standards * Contract Questions: 05/05 Arizona Real Estate Purchase Contract, Exclusive Buyer Broker Contracts, Listing Contracts and associated contract documentation as it relates to boilerplate, covenants, contingencies, procedures and procedures. * ARMLS Arizona Regional Multiple Listing questions * Real Estate Professional Standards and Practices, Ethics, Obligations, Duties * Agency relationships in Arizona, Procurring Cause * Questions typicaly arising during the listing period * Questions typically arising during the escrow period * Questions about working with a real estate agent/REALTOR * Questions Related to New Home Builders

Experience

National Association of REALTORS Board of Director (2011) Arizona Real Estate Salesperson License (1991-1995), Arizona Real Estate Brokers License (1995-Present), Arizona Association of REALTORS Board of Directors (2008-Present), Arizona Association of REALTORS Professional Standards Committee (2008-Present), AAR Certified NAR Code of Ethics and Professional Standards Instructor, Southeast Valley Regional Association of REALTORS President-Elect (2011) Southeast Valley Regional Association of REALTORS Board of Directors (2008, 2009), Southeast Valley Regional Association of REALTORS Grievance Committee Chairperson (1998-2007), Southeast Valley Regional Association of REALTORS Bylaws Committee (2008-Present), Southeast Valley Regional Association of REALTORS Education Committee (2008), Arizona Association of REALTORS Forms Committee - Residential Purchase Contract (2005), Arizona Association of REALTORS Forms Committee - Residential Rental Agreement (2008), Arizona Association of REALTORS Forms Committee - Buyer Broker Agreement (2009), Arizona Association of REALTORS Presidents Advisory Group, Road to Professionalism (2009), Arizona Association of REALTORS GRI Curriculum Review Committee (2009), Arizona Department of Real Estate, Commissioner's Education Advisory Group Sub-Panel B (2010) Arizona Department of Real Estate, Commissioner's Statute and License Review Committee (2007)

Organizations
National Association of REALTORS, Arizona Association of REALTORS, Arizona Real Estate Educators Association (AZREEA), Arizona Regional Multiple Listing System (ARMLS), American Notary Association, Southeast Valley Regional Association of REALTORS (SEVRAR), Southeast Valley Regional Association of REALTORS Women's Council of REALTORS (2010-Present), Phoenix Association of REALTORS (1994-2000, 2005-2009), Scottsdale Association of REALTORS (1994-2000, 2005-2009), Maricopa/Glendale Association of REALTORS (1994-2000, 2005-2009),

Publications
"Real Estate in 2008"- Lifebushido Publishing (Contributory Author), SEVRAR Magazine, Internet Crusade, RealTown ListServe, Blogger.com, Active Rain

Education/Credentials
- AAR Certified Ethics and Professional Standards Instructor, Graduate REALTOR Institute (1993), Certified Negotiation Expert (CNE), Over 100 Hours of annual real estate continuing education, Annual Ethics and Professional Standards Development Workshops as required by the National Association of REALTORS, Approx. 36 hours of NAR Code of Ethics training annually, Numerous IDW, Seminars and Train the Trainer programs, Business Management Degree - 1981

Awards and Honors
2009 REALTOR of the Year Award, Southeast Valley Regional Association of REALTORS (10,000+ Members), Double Platinum Production Award ($45,000,000 Sales Volume)- Keller Williams Realty Int'l (2001), Top 15 Sales Production Keller Williams Realty International (2001), Top 5 Sales Producation Keller Williams Realty Southwest Region (2001), Top Recruiter Award - Keller Williams Realty Int'l, SW Region (2002), Who's Who in U.S. Executive (1983), Who's Who in U.S. Real Estate Professionals (2007)

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