SWPOA CC&RS and BYLAWS
On January 31, 1962, Sedona West's original Declaration of Covenants, Conditions, and Restrictions was born (the "original CC&Rs"). The original CC&Rs were amended and/or restated throughout the years. In 1971, Sedona West approved the formation of SWPOA, at which time the SWPOA board of directors (the "board") adopted its Articles of Incorporation and original bylaws, which were amended throughout the years.
In 1972 SWPOA received its Certificate of Incorporation, which was in effect for 25 years, and in 1997 renewed in perpetuity. In 1994, over 51 of the recorded property owners approved the Restated CC&Rs which went into effect in 1995. In 2007 the Restated CC&Rs (the Declaration) were amended and re-recorded.
In 2017, SWPOA also hired HOA specialist Jason Miller of Carpenter Hazelwood, P.C., for guidance regarding SWPOA's right to enforce the 2007 Restated CC&Rs. Mr. Miller also determined that the Restated CC&Rs were valid and, in his opinion, SWPOA likely still had the right to enforce them so long as SWPOA acted as a designated agent of one or more property owners in Sedona West.
Further, in 2019, prior to taking enforcement actions, SWPOA hired another well-known HOA specialist, Beth Mulcahy of Mulcahy Law Firm, P.C., who agreed with the previous two legal opinions and felt that "with no doubt" the 2007 CC&Rs are valid, enforceable, and defendable.