Understanding Covenants, Conditions & Restrictions Under Arizona Law

What are Covenants, Conditions & Restrictions?

Covenants, Conditions & Restrictions, or CCRs, are rules that homeowners within a subdivision must abide by. For instance, a typical CCR would say that any structures added to your home must conform to the existing structure in terms of height, material and color. CCR's in Arizona are usually enforced by Homeowner's Associations, but in many cases, may also be enforced by other homeowners. At HagEstad Law Group, our goal is to provide competent and professional legal guidance to Homeowners Associations to help them understand the Covenants, Conditions & Restrictions they have been burdened to enforce.

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Understanding How Courts Interpret Covenants, Conditions & Restrictions

Under Arizona law, a deed containing a restrictive covenant that runs with the land is a contract, the interpretation of which is a matter of law. Saguaro Highlands Cmty. Ass'n v. Biltis, 224 Ariz. 294, 296, 229 P.3d 1036, 1038 (Ct. App. 2010).  The Court's responsibility is to ascertain, and give effect to, the likely intentions and legitimate expectations of the parties who create the covenants. Id. Although Arizona courts have traditionally favored the free use of land, in adopting the traditional contract interpretation, the Arizona Supreme Court recognized the benefits of restrictive covenants in that they "protect the public and private property owners from the increased pressures of urbanization." Powell v. Washburn, 211 Ariz. 553, 557, 125 P.3d 373, 377 (2006).

Representing Arizona Homeowner's Associations

HagEstad Law Group is proud to serve Arizona Homeowner's Associations in matters related to the CCR's contained in the Deeds and By-Laws of the Association. The primary focus of our Homeowner's Association practice is dedicated to defending Homeowner's Associations against homeowner claims. HagEstad Law Group has represented Associations in fees and dues disputes, CCRs enforcement, including easements and rights of way disputes.

If you have any questions or are having trouble understanding the Covenants, Conditions and Restrictions that apply to your particular Association, give HagEstad Law Group a call.

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