Wednesday, July 22, 2009

Homeowner fights HOA rules

Homeowner fights HOA rules: "A valley man is upset about the latest HOA rules that govern his Community in Goodyear. He's even hired a lawyer. Tom Anuszewski rents out his home in Canyon Trails. He claims the new rules are unfair to him and his tenants and that they may even be discriminatory.

The Canyon Trails Homeowners Association sent letters to all homeowners who currently rent out their homes. The new policy states that homeowners have to pay a $200 rental fee. They also have to hand over the names, ages and license plate numbers of the tenants. The HOA is also asking for a background check on all tenants. On top of that, they now have the right to evict tenants on the homeowner's behalf as a third party beneficiary.

'It's unfair,' says Anuszewski. He believes the HOA is trying to discourage homeowners from renting out their homes."

Many CIDs are trying to prevent renting now. But what if, like Anuszewski, you have to rent out the place to survive economically?

1 comment:

Anonymous said...

Is there no limitation on an association's board's "right" to legislate (promulgate rules) conduct pursuant to contract?

What's next for Arizona homeowners living in common interest developments, a $200 occupancy fee, a recitation of the names and ages of all those living in the homeowner's residence as well as a background check, the license plate number of the vehicles owned, leased, rented or driven by those living in the residence?

Procedurally, how does any well-meaning association become a “qualified” (possessing the necessary resources and expertise) sub-agent of U.S. Immigration and Customs enforcement (ICE), its Office of Investigations (IO) and Office of Detention and Removal (DRO), “…right to evict tenants on the homeowner's behalf as a third party beneficiary?”

Perhaps it is time to put a muzzle and a short lease on those deserving Arizona associations and their lawyers.