County Ordinances and Decisions

We live in a residential sub-division zoned R-70, 5 plus acre parcels. Maricopa County issued and agricultural exemption to a new parcel owner. This parcel owner is operating a very large commercial equestrian facility in our residential community allowing the public to access our private roads. We have a Declaration of Reservation page which promises a plan for the community to maintain, improve and protect it. Our CC&RS do not allow barns, out-buildings, mobile homes, etc. This commercial equine business believes that since it is exempt from all building permits and inspections, that it is also exempt from the CC&RS. Our HOA is unsure how to proceed against this parcel owner because of one clause in our CC&RS. A terrible clause.

"County Ordinance and Decisions.
In the event there is or becomes a conflict between any provision of these Declarations and any ordinances duly established by the Board of Supervisors of Maricopa County, Arizona, the ordinances shall prevail. Furthermore, in the event the Board of Supervisors should make any decision with respect to any parcel which is contrary to any provision of these Declarations, the such decision shall prevail and supersede such provision."

So basically, it seems we are chit out of luck. From some of the research I've been doing, something was mentioned about Hierarchy laws? Any advise would be appreciated.

Cindy,

I never before heard of such a deference to county controls.

I own a 40-acre parcel in Yavapai County where I looked into getting an agricultural exemption. I found the paperwork requirement rather onerous so I have not proceeded with seeking the exemption. My reading of Yavapai County's requirements and the state's requirements for the exemption would not allow an equestrian center. I would suggest looking into whether the use allowed by the county is a use allowed by the state.

If this equestrian center has been substantially built you may have a problem with trying to shut it down now. My reading of Arizona court opinions indicates a favor for objecting before construction begins. If someone made any sort of meaningful objection then the owner would have "proceeded at his own peril." In any event, you are definitely in need of some legal advice from an attorney.

Cindy

I do not see your issue as one with the county. I see your issue as being is that home a member of the HOA or not and do your docs restrict usage.

> Keep in mind that being more restrictive is not a conflict.

EXCEPT it appears that the CC&Rs explicitly defer to County decisions.

I also found this clause online.

"Any governing documents cannot trump or contradict the rules and laws set forth in the documents that hold more authority".

And that is the legal issue and why I recommended taking everything to a local attorney and potentially the courts for a ruling.

Aren't HOAs allowed to be more restrictive? Even if the county grants allowance for the use, the HOA can make it more restrictive by saying no outbuilding etc. If the land deed is subject to the covenants, they must abide by them, but getting an injunction might be necessary until the courts hash it out.

Yes, you are, in fact, chit out of luck.

Your Covenants defer to the county.

The county granted permission.

Done deal.

Did y'all not actually read your Covenants BEFORE y'all purchased ?

next time: Caveat Emptor