New association rules need to be ‘reasonable and foreseeable’
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.