Green Valley HOA's
Over 90% (ca. 25,000+) of the population in Green Valley, Arizona, live in HOAs, that is, separate neighborhood dwellings, town houses, and condominiums. Most of the HOAs were built by developers who turned over the finished development to either a management company or a HOA Board established by the homeowners.
FEATURED HOA
Las Campanas Village is a gated neighborhood of 219 homes consisting of 114 duplexes (attached homes) and 105 detached homes. We have three fountains in our complex and each Friday afternoon there is a gathering of residents around the main fountain for about an hour just to socialize.
The monthly homeowner fees include all exterior maintenance of the residences including painting, roofing, irrigation, landscaping, waste and recycle service, street maintenance, all common area maintenance, extended basic cable including HBO and Showtime.
In the last two years all 219 homes have been repainted and the HOA is currently in the negotiation process in selective a vendor to replace the roofs as necessary in the development.
Our Board of Directors consists of seven members of which the officers are: President, Vice-President, Secretary and Treasurer and three directors who are also Committee Chairs. Our standing committees are Architectural Review, Landscape, Maintenance and Flag. We also have a very active Social Committee who is in charge of the Friday afternoon social and has several other fun projects in the works.
One of the most recent formations is of the “WOOO’s” which stands for Women On Our Own which is a group of women who live a single lifestyle.
Our finances are in excellent shape and we have a good reserve fund and all our projects are capable of being funded without any undue pressure on the homeowners.
LIVING IN A GREEN VALLEY HOA
A HOME IN AN HOA
The homeowners’ association (HOA) is an organization to which all of the owners of lots or units in a planned community belong. The HOA is created by a declaration recorded in the public records of the appropriate governmental unit. The HOA’s purpose is to own, manage, maintain or improve the property within the planned
community that does not belong to the individual homeowners. You are automatically a member of the HOA when you purchase a home, lot or unit in the planned community. You cannot “opt out” of the HOA and must pay the dues and assessments the HOA requires. The HOA has three critical documents: (a) the “Articles of Incorporation” for the HOA, which establishes the HOA as a legal entity; (b) the “Bylaws,” which are the governing documents of the HOA and set out the procedures for electing a Board of Directors and other internal operations of the HOA; and (c) the “Declaration of Covenants, Conditions and Restrictions” (the CC&Rs), the enabling document which is recorded with the county recorder and empowers the HOA to control many aspects of how the property in the HOA is used and developed. When you buy a home in an HOA, you are agreeing to conform to the CC&Rs (whether you know it or not), and the HOA can enforce the terms of the CC&Rs in the same way as any other contractual agreement is enforced.
HOAs are governed by Boards composed of officers, usually a President, Secretary, Treasurer, and Chair of the Architectural Committee. Other common designees include the HOA Representative to the Green Valley Council and Chairs of HOA Committees, such as chairs of social committees, communications, common area oversight, etc.
Because governance is a legally complex operation, the HOA Board may want to consider obtaining legal advice for discussion of issues unique to the HOA, finalization of voting documents and legal records, and similar documents.
BOARD OPERATIONS IN GREEN VALLEY, ARIZONA, ARE GOVERNED BY THE STATE STATUTES REGULATING COMMUNITY ASSOCIATIONS:
Arizona Statutes
- 33-1801 Applicability; Exemption
- 33-1802 Definitions
- 33-1803 Penalties; Notice to Member of Violations
- 33-1804 Open Meeting; Exceptions
- 33-1805 Association Financial and Other Records
- 33-1806 Resale of Units; Information Required; Fees; Civil Penalty; Definition
- 33-1806.01 Rental Property; Member and Agent Information; Fee; Disclosure
- 33-1807 Lien for Assessments; Priority; Mechanics’ and Materialmen’s Liens
- 33-1808 Flag Display; Political Signs; Caution Signs; For Sale, Rent or Lease Signs; Political Activity
- 33-1809 Parking; Public Service and Public Safety Emergency Vehicles; Definition
- 33-1810 Board of Directors; Annual Report
- 33-1811 Board of Directors; Contracts; Conflicts
- 33-1812 Proxies; Absentee Ballots; Definitions
- 33-1813 Removal of Board Member(s); Special Meeting
- 33-1814 Slum Property; Professional Management
- 33-1815 Association Authority; Commercial Signage
- 33-1816 Solar Energy Devices; Reasonable Restrictions; Fees and Costs
- 33-1817 Design, Architectural Committees; Review
- 33-1818 Community Authority Over Public Roadways; Applicability
Note: Since many HOAs are nonprofit corporations, they are also covered under Arizona’s Nonprofit Corporation Act (§ 10-1301).
There are other miscellaneous statutes and new laws come before the Arizona legislature on an annual basis. Keeping abreast of these statutes and the effects of Case Law, Fair Housing, and similar decisions is the responsibility of the Board members who are elected on an annual basis.
The three most important documents for individual HOA Boards are the Hoa Articles of Incorporation, HOA Bylaws, and HOA Covenants, Conditions and Restrictions, otherwise known as the CC&Rs. The definitions and text herein are drawn from the Community Associations Institute (www.caioline.org).
A HOME IN AN HOA
BUYING A HOME
First, decide if an HOA is for you. If an HOA is not for you, make your realtor aware of that fact. Secondly, if you decide that an HOA is for you, determine what kinds of limitations you don’t want and tell your realtor so they can determine in advance which HOAs aren’t for you. Thirdly, while house hunting ask questions about the specific HOAs that have homes on your “might buy” list and, if that HOA has a website, review it to find out more about the neighborhood in which you might live. Get a copy of the Seller’s Notice of HOA Information and read it before you enter into a Purchase Contract. Also, make your purchase of the home contingent on your approval of the Bylaws and CC&RS. You are legally entitled to a copy of these documents after you have a Purchase Contract in place.
Read the Bylaws and CC&Rs carefully to see if there is some provision you cannot live with!
Do not think that you will be able to either persuade the HOA Board to make any exception to its CC&RS just for you or that you will be able to do something the CC&RS prohibit without any consequences.
SELLING A HOME
If your HOA has a website, make sure it is listed on your realtor’s description of your house so that prospective buyers can find out more about your HOA. If your HOA’s website is outdated, ask that your Board have it updated as a selling tool for your HOA. It is your duty to provide a prospective buyer with a Seller’s Notice of HOA Information before a Purchase Contract is entered into. Your realtor should have copies of this form available for your HOA. The Seller’s Notice includes information about the HOA’s dues, assessments, and management, including contact information. Even if your Realtor or your HOA’s Management Company prepares the Seller’s Notice, check it carefully because you are the one responsible if there are omissions or mistakes. It is also your duty to provide your buyer with copies of the HOA important documents, particularly the CC&Rs, before closing.
The HOA “Covenants, Conditions & Restrictions” enable neighbors to live together in harmony. It is a legal contract that binds the homeowners to the association and the association to each of the homeowners. To a large extent, the CC&Rs identify units and common areas, define maintenance obligations of owners and the association and otherwise stipulate how the land can and cannot be used
The following information was developed by the Green Valley Council in 2021. Homeowners and their associations are urged to review their CC&Rs on a periodic basis and update the content, as needed.
The CC&Rs (Covenants, Conditions, and Restrictions) are the governing documents that dictate how the homeowners’ associations operates and what rules the owners – and their tenants and guests – must obey. These documents and rules are legally enforceable by the homeowners’ associations, unless a specific provision conflicts with federal, state, or local laws.
CC&Rs vary within Homeowner Associations, so please review carefully the CC&Rs of the HOA you are interested in and ask yourself the following questions.
- Suppose I do not like the rules. Can they be changed? Most rules are easy to accept, but some may strike a nerve. Such issues as pets, parking spaces, recreational facilities and subleasing can prove quite controversial. The procedure for changing the rules should be explained in the governing documents. A majority vote or, in some cases, a super majority, will be required. Changing existing rules is rarely easy.
- What are the consequences of breaking a rule? Penalties might include fines, forced compliance, a lawsuit by the association, the misery of being at odds with your neighbors and emotional distress. Read the rules thoroughly before you buy an association governed home.
- Do I need an attorney to explain the CC&Rs to me? It is always a good idea to seek legal counsel if you have questions about the governing documents or rules. It is suggested reading the documents yourself and preparing a list of questions, then asking your attorney to interpret anything you do not understand.
- What is the intent of CC&Rs? The intent of the CC&Rs is to preserve property values, both yours and those of your neighbors, and to protect the quality of life that you and your neighbors enjoy.
- What are some of the CC&R items that are sometimes “hard points” with homeowners?
- The provisions of its Articles of Incorporation, its Bylaws and its CC&Rs shall control the manner in which the HOA carries out its responsibilities. The provisions of these documents shall control in the event of a conflict.
- All homes within the HOA shall have an occupancy by at least one person per household 55 years of age or older and all resales or rentals of homes within the HOA shall be subject to the 55 years of age requirement.
- No minor (any person less than 18 years of age) shall reside in any HOA home.
- Each owner shall be solely responsible for all landscaping and shall keep areas in a clean, neat, and well-landscaped condition.
- No improvements may be built upon the Front Yard/Driveway Easements or Rear Yard Easements unless the HOA Architectural Committee has approved them.
- No owner may repaint his/her home an unauthorized color unless the HOA Architectural Committee has approved the color.
- The HOA, through its Board of Directors, shall have the power to levy regular annual assessments and such special assessments as shall be determined.
- All delinquent assessments shall be a lien on the Lot of the Owner who fails to pay them and the lien against any Lot may be foreclosed in the same manner as a Mortgage.
- All architectural matters within the HOA shall be subject to the discretionary review of the Architectural Committee. All decisions of such Architectural Committee are final.
- The Architectural Committee may forbid the planting or maintenance of certain plants, trees and shrubs or restrict the propagation of such to native or indigenous species.
- No mobile homes shall be permitted or placed upon any Lot or anywhere else in the HOA.
- Parking and/or storing of recreational vehicles (including, but not limited to, motorhomes, vans, campers, trailers and boats) is prohibited on all portions of the HOA.
Other HOA Documents include the following:
Plat
Plat documents are filed in the land records of the local court or agency, provides a line drawing that shows the location of buildings and units as well as common areas such as roads, parking lots and open spaces. The plat should not be confused with the site development plan (or site plan), which is a similar document showing the overall project and indicating approval by the local building authority.
The rules and regulations
Rules and regulations provide a detailed explanation of what is and isn’t permitted in a community. These provisions are typically adopted by the association board, whose members are elected by their neighbors to govern in the best interests of the community as a whole.
They can provide much needed clarification for items appearing in other documents, such as the CC&Rs, and can be updated in a more timely fashion.