Arizona state law requires CC&R's to be provided at closing. Doesn't always
happen but that is the law. And it is the opinion of at least one real
estate attorney in Arizona that if you don't like the CC&R's at closing you
can back out of the deal and get your deposit money back.
I always inserted my standard "subject to buyers approval of CC&R's, if any
clause" just in case the CC&R's at closing were different than the CC&R's
presented earlier. And in one case they were different. My clause saved me
some grief on that one.
As an aside: the CC&R's in Sun City and Sun City West provide for changes to
be made by a simple majority of land owners. That raises a whole bunch of
questions as in one instance CC&R's were changed with a one person majority.
But at least two of the signatures on the petition were not property owners
of record on the date the petition was filed (they were the sellers of the
house in question, and the change was recorded after the sale went through).
It took several months but Del Webb's (the developer) attorney finally
admitted that all of the many CC&R changes that had been made were null and
void because they (Del Webb) did not make any provision for actually
checking the signatures. Del Webb assumed that the county would check them
but the county does not, they just record the document. I think what
convinced the attorney was when I pointed out to her that I could have
Donald Duck, Mickey and Minney Mouse, Goofey, etc. sign the petition and the
document would still be recorded. Or maybe she checked with the county?
de Paul, W8AEF
> -----Original Message-----
> From: towertalk-bounces@contesting.com
> [mailto:towertalk-bounces@contesting.com] On Behalf Of Alan
> NV8A (ex. AB2OS)
> Sent: Friday, April 01, 2005 9:19 PM
> To: towertalk@contesting.com
> Cc: Steve Katz; K6YE; TOMMY HALIBURTON
> Subject: Re: [TowerTalk] [BULK] - Re: Tower Restrictions
>
> The other factor, in my case, is that I know about the CC&Rs
> only because I insisted on seeing them before even making an
> offer. They were not made available even at the closing, so
> it may well be that the neighbors have no idea that such CC&Rs exist.
>
> Alan NV8A
>
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