AZ Questions

FlaviaS (Arizona)
Posts: 13

Posted:

Hello, I have a few questions as a board member:

1) A homeowner died and his nephew who had a beneficiary deed rented out the home (although we have a rule that you must own the home for 5yrs before renting it out.). The uncle owned the home for more than 5yrs, but not nephew.

2) Someone is feeding stray cats who keep bringing food up, killing birds and going to the toilet in out yards. What can the association do?

3) Our rent amendment clause says: "For a ...(association name) property, purchased after November 1, 2005, to be leased or rented, the homeowner must have resided on the premises for a period of five years".
Someone owns 2 homes, 1, over 5 years (where they live in), the other not. This person wants to rent out the other home. Would they be able to?

Thank you.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By FlaviaS on 08/03/2014 5:19 PM

1) A homeowner died and his nephew who had a beneficiary deed rented out the home (although we have a rule that you must own the home for 5 yrs before renting it out.). The uncle owned the home for more than 5 yrs, but not nephew.

Usually when you inherit property you acquire any benefits that accrued but this is a question that should be directed to any attorney knowledgeable in both real estate law and estates.

Quote:

2) Someone is feeding stray cats who keep bringing food up, killing birds and going to the toilet in out yards. What can the association do?

Join a TNR (Trap-Neuter-Return) program. As the name implies, the strays are trapped and neutered to prevent their population from expanding. The return part is the difficult one to accept, but if you remove 100% of the stray cats today other cats will move in tomorrow. Returning the strays to their original place allows them to keep other cats out. This may come as a surprise, but dogs, cats, squirrels, mice, birds, lizards, and other animals all bring up food, kill other animals, and poop in your yard. Grow up.

Quote:

3) Our rent amendment clause says: "For a ...(association name) property, purchased after November 1, 2005, to be leased or rented, the homeowner must have resided on the premises for a period of five years". Someone owns 2 homes, 1, over 5 years (where they live in), the other not. This person wants to rent out the other home. Would they be able to?

This is a no-brainer. The owner resided on the premises for five years, so under the terms of your "rent amendment clause" (wherever that is) he can rent out as many units as he owns. That was not likely the intent of the amendment but that is the result of using imprecise wording.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By LarryB13 on 08/03/2014 6:54 PM

3) Our rent amendment clause says: "For a ...(association name) property, purchased after November 1, 2005, to be leased or rented, the homeowner must have resided on the premises for a period of five years". Someone owns 2 homes, 1, over 5 years (where they live in), the other not. This person wants to rent out the other home. Would they be able to?

This is a no-brainer. The owner resided on the premises for five years, so under the terms of your "rent amendment clause" (wherever that is) he can rent out as many units as he owns. That was not likely the intent of the amendment but that is the result of using imprecise wording.

I agree.

Although the intend was likely that the owner physically live in the actual property, the language used didn't say that. It only specified that the homeowner resides on the premises (which can be interpreted as within the development). Therefore, it becomes a grey area that is open for interpretation.

To resolve the interpretation issue, if no agreement is reached, legal action would be needed. Legal action on basis of interpretation is normally a 50/50 chance of winning.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Dang lack of edit.

Intend should be intent

CyrstalB (Maryland)
Posts: 457

Posted:

What has the nephew done to warrant the HOA questioning his presence?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By LarryB13 on 08/03/2014 6:54 PM

Posted By FlaviaS on 08/03/2014 5:19 PM

1) A homeowner died and his nephew who had a beneficiary deed rented out the home (although we have a rule that you must own the home for 5 yrs before renting it out.). The uncle owned the home for more than 5 yrs, but not nephew.

Usually when you inherit property you acquire any benefits that accrued but this is a question that should be directed to any attorney knowledgeable in both real estate law and estates.

It's also possible that the rental could fall under the hardship clause.

Are you positive that the nephew owns it and isn't simply the executor of the estate?

FlaviaS (Arizona)
Posts: 13

Posted:

Quote:

Posted By TimB4 on 08/04/2014 5:55 AM

Posted By LarryB13 on 08/03/2014 6:54 PM

Posted By FlaviaS on 08/03/2014 5:19 PM

1) A homeowner died and his nephew who had a beneficiary deed rented out the home (although we have a rule that you must own the home for 5 yrs before renting it out.). The uncle owned the home for more than 5 yrs, but not nephew.

Usually when you inherit property you acquire any benefits that accrued but this is a question that should be directed to any attorney knowledgeable in both real estate law and estates.

It's also possible that the rental could fall under the hardship clause.

Are you positive that the nephew owns it and isn't simply the executor of the estate?

Yes, in AZ you have a beneficiary deed, that makes you automatically the owner of the property, once the owner passes away.

FlaviaS (Arizona)
Posts: 13

Posted:

Quote:

Posted By CyrstalB on 08/04/2014 5:17 AM
What has the nephew done to warrant the HOA questioning his presence?

He's done nothing. It's just a question. Our subdivision is small and everyone knows everyone, I just want to make sure the process is correct.

Thanks.

FlaviaS (Arizona)
Posts: 13

Posted:

Quote:

Posted By TimB4 on 08/03/2014 9:57 PM

Posted By LarryB13 on 08/03/2014 6:54 PM

3) Our rent amendment clause says: "For a ...(association name) property, purchased after November 1, 2005, to be leased or rented, the homeowner must have resided on the premises for a period of five years". Someone owns 2 homes, 1, over 5 years (where they live in), the other not. This person wants to rent out the other home. Would they be able to?

This is a no-brainer. The owner resided on the premises for five years, so under the terms of your "rent amendment clause" (wherever that is) he can rent out as many units as he owns. That was not likely the intent of the amendment but that is the result of using imprecise wording.

I agree.

Although the intend was likely that the owner physically live in the actual property, the language used didn't say that. It only specified that the homeowner resides on the premises (which can be interpreted as within the development). Therefore, it becomes a grey area that is open for interpretation.

To resolve the interpretation issue, if no agreement is reached, legal action would be needed. Legal action on basis of interpretation is normally a 50/50 chance of winning.

Thanks for your reply!

FlaviaS (Arizona)
Posts: 13

Posted:

Quote:

Posted By LarryB13 on 08/03/2014 6:54 PM

Posted By FlaviaS on 08/03/2014 5:19 PM

1) A homeowner died and his nephew who had a beneficiary deed rented out the home (although we have a rule that you must own the home for 5 yrs before renting it out.). The uncle owned the home for more than 5 yrs, but not nephew.

Usually when you inherit property you acquire any benefits that accrued but this is a question that should be directed to any attorney knowledgeable in both real estate law and estates.

Quote:

2) Someone is feeding stray cats who keep bringing food up, killing birds and going to the toilet in out yards. What can the association do?

Join a TNR (Trap-Neuter-Return) program. As the name implies, the strays are trapped and neutered to prevent their population from expanding. The return part is the difficult one to accept, but if you remove 100% of the stray cats today other cats will move in tomorrow. Returning the strays to their original place allows them to keep other cats out. This may come as a surprise, but dogs, cats, squirrels, mice, birds, lizards, and other animals all bring up food, kill other animals, and poop in your yard. Grow up.

Quote:

3) Our rent amendment clause says: "For a ...(association name) property, purchased after November 1, 2005, to be leased or rented, the homeowner must have resided on the premises for a period of five years". Someone owns 2 homes, 1, over 5 years (where they live in), the other not. This person wants to rent out the other home. Would they be able to?

This is a no-brainer. The owner resided on the premises for five years, so under the terms of your "rent amendment clause" (wherever that is) he can rent out as many units as he owns. That was not likely the intent of the amendment but that is the result of using imprecise wording.

Thanks for that tip on the stray cats. I will check it out!

FlaviaS (Arizona)
Posts: 13

Posted:

Quote:

Posted By TimB4 on 08/03/2014 9:57 PM

Posted By LarryB13 on 08/03/2014 6:54 PM

3) Our rent amendment clause says: "For a ...(association name) property, purchased after November 1, 2005, to be leased or rented, the homeowner must have resided on the premises for a period of five years". Someone owns 2 homes, 1, over 5 years (where they live in), the other not. This person wants to rent out the other home. Would they be able to?

This is a no-brainer. The owner resided on the premises for five years, so under the terms of your "rent amendment clause" (wherever that is) he can rent out as many units as he owns. That was not likely the intent of the amendment but that is the result of using imprecise wording.

I agree.

Although the intend was likely that the owner physically live in the actual property, the language used didn't say that. It only specified that the homeowner resides on the premises (which can be interpreted as within the development). Therefore, it becomes a grey area that is open for interpretation.

To resolve the interpretation issue, if no agreement is reached, legal action would be needed. Legal action on basis of interpretation is normally a 50/50 chance of winning.

By the way, you wouldn't be saying grow up if it was YOUR yard covered in puke (from people feeding strays) and shit from strays. It is affecting a lot of the homes in the community.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By FlaviaS on 08/04/2014 10:08 AM

Posted By TimB4 on 08/03/2014 9:57 PM

Posted By LarryB13 on 08/03/2014 6:54 PM

3) Our rent amendment clause says: "For a ...(association name) property, purchased after November 1, 2005, to be leased or rented, the homeowner must have resided on the premises for a period of five years". Someone owns 2 homes, 1, over 5 years (where they live in), the other not. This person wants to rent out the other home. Would they be able to?

This is a no-brainer. The owner resided on the premises for five years, so under the terms of your "rent amendment clause" (wherever that is) he can rent out as many units as he owns. That was not likely the intent of the amendment but that is the result of using imprecise wording.

I agree.

Although the intend was likely that the owner physically live in the actual property, the language used didn't say that. It only specified that the homeowner resides on the premises (which can be interpreted as within the development). Therefore, it becomes a grey area that is open for interpretation.

To resolve the interpretation issue, if no agreement is reached, legal action would be needed. Legal action on basis of interpretation is normally a 50/50 chance of winning.

By the way, you wouldn't be saying grow up if it was YOUR yard covered in puke (from people feeding strays) and shit from strays. It is affecting a lot of the homes in the community.

I don't believe I said that.

FlaviaS (Arizona)
Posts: 13

Posted:

Quote:

Posted By TimB4 on 08/04/2014 11:49 AM

Posted By FlaviaS on 08/04/2014 10:08 AM

Posted By TimB4 on 08/03/2014 9:57 PM

Posted By LarryB13 on 08/03/2014 6:54 PM

3) Our rent amendment clause says: "For a ...(association name) property, purchased after November 1, 2005, to be leased or rented, the homeowner must have resided on the premises for a period of five years". Someone owns 2 homes, 1, over 5 years (where they live in), the other not. This person wants to rent out the other home. Would they be able to?

This is a no-brainer. The owner resided on the premises for five years, so under the terms of your "rent amendment clause" (wherever that is) he can rent out as many units as he owns. That was not likely the intent of the amendment but that is the result of using imprecise wording.

I agree.

Although the intend was likely that the owner physically live in the actual property, the language used didn't say that. It only specified that the homeowner resides on the premises (which can be interpreted as within the development). Therefore, it becomes a grey area that is open for interpretation.

To resolve the interpretation issue, if no agreement is reached, legal action would be needed. Legal action on basis of interpretation is normally a 50/50 chance of winning.

By the way, you wouldn't be saying grow up if it was YOUR yard covered in puke (from people feeding strays) and shit from strays. It is affecting a lot of the homes in the community.

I don't believe I said that.

Hi Tim,

It was not you I am sorry, I meant to quote Larry's response, but quoted yours by mistake.

Flavia

TimB4 (Tennessee)
Posts: 21,059

Posted:

Flavia,

No problem.

As for your cat issue, there are products you can find at your local nursery (not the large retailers but the local nursery) that you sprinkle on your lawn that can deter the cats.

I've used them for dogs before. Worked well but washes away in the rain.

FlaviaS (Arizona)
Posts: 13

Posted:

Quote:

Posted By TimB4 on 08/05/2014 6:29 PM
Flavia,

No problem.

As for your cat issue, there are products you can find at your local nursery (not the large retailers but the local nursery) that you sprinkle on your lawn that can deter the cats.

I've used them for dogs before. Worked well but washes away in the rain.

Thanks Tim, I might give that a try, I just don't want to hurt animals, I will have a look.

TimB4 (Tennessee)
Posts: 21,059

Posted:

It doesn't hurt them.

When I used one for dogs, I let my dog loose, called her and she wouldn't even step on the grass to get to me.

As I understand it, it's a scent of a natural enemy or something like that. I couldn't smell anything myself. However, it sure had an affect on dogs. After about 6 weeks, I didn't have to reapply because the other neighborhood dogs simply left the property alone.