The problem I see with the Condo Owners Association giving advice (“Agencies work to solve issues,” Sun City Independent,” June 30, 2021) is that it should begin with informing their members they are not condominiums.
In Sun City, more than 95 percent are planned unit developments, or PUDs. The Maricopa County assessor labels them as “townhomes.” If they are not condominiums then there is no reason to follow Arizona state statutes covering condominiums. If any state statute that all unincorporated HOAs should follow is the planned community statute.
Those HOAs that are incorporated must follow the Arizona state statute Title 10 covering non-profit corporations. All HOAs must also follow their governing documents, CCRs, bylaws, and rules and regulations.
I have supplied the COA evidence numerous times regarding their error in the difference between a condo and a PUD. The COA has continually disregaded the evidence or called a local title company for conformation. For anyone concerned, this is from the Arizona Department of Revenue, Land Manual, Chapter 5, pages 5.2 and 5.3:
“In condominium projects, all of the land in the project is commonly owned, with an undivided interest in the land vested in each parcel or unit. In townhouse (PUD) projects, the owner of the unit individually owns the land under each unit. In some cases, the owner of a townhouse (PUD) unit will also own a small area directly in front, to the rear or to the side(s) of the unit. The balance of the land area in the PUD project will normally be commonly owned by a homeowner’s association that is owned and controlled by the individual unit owners. In limited cases, the balance of the land in the PUD project is also owned by the individual unit owners, as an undivided interest in the land vested in each unit, similar to a condominium project.”
If the COA wanted to give accurate advice to it’s members and other HOAs in Sun City, it should began with facts that exist in the public domain.
