A realtor recently asked, on behalf of a prospective buyer, if Homeowners Association CC&R’s, which have restrictions against business uses and require single family occupancy, would prevent the buyer from operating a group home in a property within the boundaries of the Association.
This issue is well settled in Arizona but still arises from time to time. HOA’s do sometimes object to such uses. While each case is different and must be independently evaluated based upon its unique facts, in most cases an HOA will not be allowed to enforce its CC&R’s so as to exclude a group home for people with disabilities.
Both the Federal and Arizona Fair Housing Acts prohibit discrimination against disabilities and there is a strong public policy supporting group homes for adults and children with disabilities. In fact, a HOA may subject itself to substantial liability if it aggressively attempts to enforce its CC&R’s to exclude a group home.
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Platt and Westby, P.C. has offices in Phoenix and Gilbert, Arizona.