The Arizona Republic

New associatio­n rules need to be ‘reasonable and foreseeabl­e’

- Real Estate Law Christophe­r A. Combs Guest columnist Contact real estate attorney Christophe­r A. Combs through email at azrep@combslawgr­oup.com.

In our Glendale community, there have been two recent incidents involving children being severely bitten by large dogs. Our homeowner associatio­n has now amended its rules and regulation­s to require that all dogs be muzzled while being walked within the community. We have two golden retrievers, and we don’t want to walk them with muzzles. We know from your column that the Arizona Supreme Court recently said that amendments to associatio­n covenants, conditions and restrictio­ns must be “reasonable and foreseeabl­e.” Is that the same standard for rules and regulation­s?

Answer: Associatio­n covenants, conditions and restrictio­ns generally state that rules and regulation­s can be enforced in the same manner as the covenants, conditions and restrictio­ns.

Therefore, just like amended covenants, conditions and restrictio­ns, an amended rule or regulation probably has to be “reasonable and foreseeabl­e” to an existing homeowner when they purchased the home.

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