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TaraW (Arizona)
Posts: 1
Posted:
I am renting a condo in North Phoenix, Arizona. The community pool is green and disgusting. The County health department has closed it down. It has been a month. It appears that this HOA has had pool issues in the past but always resolved them. This time it has been a month. The county told me that they can permanently pull the permit. The County nor the HOA has done a thing. Everytime myself or my landlord has called they keep saying "their working on it". Do I have any rights as a renter? Can I break my lease? What is the responsibilites of the HOA to maintain this pool. My patio faces the pool and its quite embarassing. My landlord will not push the issue either with them. I want to know what my rights and their responsibilites are.

Thanks
GlenL (Ohio)
Posts: 5,491
Posted:
Tara your rights are spelled out in your lease with the condo owner and in the Arizona - Landlord - Tenant Act. The COA's responsibility is to the owner not you. If I had to guess I would say that the COA is hurting for money, probably from unpaid assessments is the reason why the pool is not being maintained. As to whether or not you can break your lease you should contact an attorney for a legal opinion not take advice from a bunch of anonymous people on an internet forum; no matter how well meaning and sincere it might be.

Studies show that 5 out of 4 people have problems with fractions
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Tara,
{ would say, unless it is a health issue and requires immediate action by an outside the condo authority), you as a renter have to resolve your differences with the person you pay the rent to. The authority of the condominiums is a Board responsibility. That Board has to be responsive to the owners of the units. If you don't feel they are doing their job, you have to resolve this through your landlord. The Board has no desire or authority to resolve landlord/tenent problems. If you as an renter, elect to paint your kitchen cabinets pink, the Board has no dog in this fight. If you as a renter or owner elect to go out and paint a wall of the common property pink, you and/or the landlord will be subject to destroying common property. The rights you have as a renter are spelled out in your lease and do not include any relationship with the association, other than to live under the rules and regulations as published.

I understand what you are concerned about, now if you elect to buy a unit, your relationship with YOUR board changes completely.

In general, renters in condos are given the same considerations that any neighbor is offered, by the association, but it does not extend to renters entering the function and operation of the condo. You got a light out on your steps of common area, call your manager, you got a dirty pool, call your landlord.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Tara,

Here is a link to the AZ Residential Landlord Tenant Act:

www.azleg.gov

Click on "Legislative council", then on "AZ Revised Statutes". Click on "Title 33" and scan down to Chapter 10 for the AZ Residential Landlord Tenant Act. I don't know if you'll find a law addressing amenities of the rented property but this is the law both you and your landlord must uphold. If there is nothing in the contract regarding the HOA amenities and nothing in the Act, then I don't know that you have a legal claim. As others have mentioned, as a renter, you have no legal claims to the HOA. Your landlord is the person you must submit your complaints to.

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