Who are they? Verde Village Property Owners Association
Over 4000 residents and an “Association” with a checkered past.
Verde Village Property Owners Association is voluntary. Why?
Recently the Arizona Corporation Commission redid its website. The website of old showed the Association let its Corporation lapse by not filing annual reports for 3 successive years in the ’70s and the ACC dissolved the VV Association. The new data shows only 1976 that the dissolution took place and that the VVPOA is currently in “good standing”.
Which is true?
Call the VVPOA and ask the questions. Why are you voluntary and not mandatory, like all the other HOAs?
Your real estate agent is not qualified to give you legal advice. We are required by Rules to assist you in verifying information and we will do our best, but this issue is one that only a specialist in real estate planned community law can answer.
Can a “voluntary” association impose fees against any non-member?
Legal scholars have stated that only the Courts will determine if a voluntary association can levy fines or fees against a non-member.
Is it legal for the VVPOA to fine non-members?
When the VVPOA requires a “transfer fee” to be paid at closing by ANY non-member (buyer or seller), is it legal?
We at Lifestyles of Arizona LLC are having this disclosure required on all VVPOA property transactions:
“Q: What if the Association is voluntary?
If the association and related association dues are voluntary, the HOA Addendum is not required. There are voluntary associations that do not fall within the statutory definition of a planned community association because they do not own or operate portions of the planned community. Arizona statutes only regulate planned community associations that fall within the following definition: ‘a nonprofit corporation or unincorporated association of owners that is created pursuant to a declaration to own and operate portions of a planned community and that has the power under the declaration to assess association members to pay the costs and expenses incurred in the performance of the association’s obligations under the declaration.’
Some of these voluntary associations are formed for the purpose of enforcing the CC&Rs or deed restrictions recorded against the property. Thus, the Seller should disclose the existence of a voluntary association to the prospective buyer.
Don’t sign a contract until you have gotten the information you can live with. Maybe $115 at time of transfer does not mean anything. Maybe you don’t become a member. You decide to remodel your home and go to the County for a permit… VVPOA also requires you ask them first. Currently they are charging $350 for a permit. Is it legal? What if the VVPOA tells you that when you go to sell your house, you have an unpermitted addition to your house and fine you…is it legal?
Have a good day
- how2educate LLC
- 1120 W SR89A, B5
- Sedona, AZ 86336
Uptown Sedona resident