QUESTIONS & ANSWERS

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Question: Are the SWPOA CC&Rs Valid?
Answer: Yes, the 2007 Restated Covenants, Conditions and Restrictions ("2007 Restated CC&Rs") are valid.

Throughout the years, some homeowners have questioned the validity of the 2007 Restated CC&Rs. In 2015, SWPOA hired Beth McFarland of McFarland & Bostock, PLLC, who ultimately determined that since the 2007 Restated CC&R's were merely a "restatement" of the original CC&Rs,
and not completely new CC&Rs, the board only needed a 51  affirmative vote of the property owners. The board received a 66 affirmative vote and, therefore, Ms. McFarland believes that the 2007 Restated CC&R's are valid. 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. There are no legal opinions that guarantee a court would agree, but there are arguments that would support this position.Therefore, the 2007 Restated CC&RS are binding to all Sedona West property owners alike, and any property owner may enforce the CC&R's against another property owner.

Question: Is SWPOA a Mandatory Organization?
Answer:  No, SWPOA is now a voluntary organization. In March of 2019, the board held an annual meeting where it announced to the property owners in attendance that SWPOA will now operate as a voluntary membership association going forward. As directed by its attorney, Ms. Mulcahy, the board has amended its By-laws by removing the mandatory membership language in Article III, titled "Membership," and replacing it with voluntary membership language instead. The property owners that decide to join SWPOA's voluntary association will be required to vote to approve the proposed By-law changes pursuant to the procedures outlined in ARS §1 0-11 003.

 

Question: Are Short term Rentals Allowed in  SWPOA?
Answer:  No, Short Term Rentals are not allowed.  A major issue for residents of Sedona West and SWPOA has been short term rentals of property in this community. On October 15, 2016, SWPOA's past President Kit Hinsley and the board sent out a letter to all homeowners outlining SB1350 and how the new legislation would affect the property owners. The letter explained how short term rentals could not be banned by local governments in Arizona, however, neighborhood associations could still prohibit short term rentals. The letter reiterated that short term rentals are not allowed in Sedona West per Section B(5) of the Declaration which states:


"An entire lot, together with any improvements, may be rented for a minimum of thirty (30) days by the owner for single-family occupancy, but not  otherwise, any property owner or any agency acting on behalf of a property owner, shall inform a person or persons renting said property of these restrictions and ascertain that they are complied with."

Question: When Does SWPOA Intervene in CC&R Violation and Disputes?
Answer: Because SWPOA has no employees and it is 100% a voluntary organization, the pursuit of violation occurs when a member notifies SWPOA.  Then, the chair of the Community Relations Committee gets in touch with alleged violator, ascertains that CC&R rules were broken and if broken, attempts to settle the matter amicably.

 
Question: Is SWPOA Allowed To Use Legal Enforcement To Restore CC&R Compliance?

Answer: Yes
Ms. McFarland believes that the 2007 Restated CC&RS are valid. In 2017, SWPOA also hired HOA specialist Jason Miller of Carpenter Hazelwood, P.C., for guidance regarding SWPOA 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.