Case No 07F-H067007-BFS

Complaint:
1. CC&R amendment not in good faith; fundamentally changed nature of community.
2. HOA violated ARS33-1805 with respect to access to HOA records.

Source of Law:
ARS 33-1805; Declaration

Discussion:
ALJ did not hear evidence relating to the substance of the amendment, which related to violations of good faith and fundamental changes in character of community. Declaration provision alleged being violated only dealt with vote required to pass amendment.

Holding:
1. Amendment was validly passed.
2. HOA ordered to provide requested records.

Additional Remarks:
The amendment permitted HOA to appropriate homeowner sidewalk property without homeowner consent and without a signed deed. Raises issue of cloud on homeowner property since Arizona law requires a signed and notarized deed with explicit wording.

Ekmark firm was HOA attorney, but not repesenting HOA at Hearing.

For more details, see Sidewalks.

OAH Files:
File