My question involves real estate located in the State of: Arizona
We purchased a house in a HOA controled development six months ago. We felt that we did our due diligence prior to our purchase. We carefully read the CC&R's prior to closeing and understood them. We were told by neighbors that this particular HOA was very strict and we were comfortable that we were going to be ok with the rules and the CC&R's.
After we closed we discovered that there was a business being operated across the street from our home. The CC&R's prohibit any kind of business being operated in our development. The CC&R's are very clear.
To verify my interpretation of the CC&R's I called the HOA management company and asked if a business could operate in the development and as the CC&R's stated I was told no. I then asked why was this business allowed to operate.
I was told that it was a Assisted Living Home and was allowed by state and local statues and the Federal Fair Housing Act. I requested the statute numbers that were being refered to.
As I understand the Fair Housing Act, it refers to discrimination. I believe the residents are protected from discrimination by the Assisted Living Home, but I don't belive it protects a business by protecting it from a right that I, as a citizen am not protected from.
In other words it doesn't protect from discrimination by discriminating.
After some emails back and forth I recieved a call from the HOA management manager and was told, again, that it was because it is an Assisted Living Home. Which is allowed by zoning laws and the Federal Housing act. He stated that those statutes trump the CC&R's. I repeted my request at that time for him to give me the statue numbers and the appropiate section of the Federal Fair Housing Act that he was refering to. (this was my fourth request) He told me to go find them myself. Not the answer I was looking for.
Since that time I have researched this extensively. I have spoken to the office of the City Planning Commission, the city Code Compliance Office, (still waiting for the call back) the office of the Federal Houseing and Urban Development (HUD) who enforces the Fair Houseing Act and as of this date have not found any ordinance or statue that allows this business to operate in violation of the development CC&R's.
This is a licenced business. I have found that they have attempted to expand their business but were not allowed to because of a statue that prevents the expantion if there is another Assisted Living Home within one quarter mile of this home. I can't help but think that this statue is to prevent the saturation of this kind of business in a residential area.
The problem is the parking. They have several employee's (in violation of the city statues as I interpet them. Zoning allows home business employees to only be family members that reside in the home) These employees park in front of my home instead of across the street in front of this business. There is an option availible. They have medical providers visiting several times a day. (Nurses, care providers, health department workers, social workers, ectera) These people park partialy blocking my driveway on a regular basis. I have asked the city what makes a legal parking spot with references to how close to a driveway can they park, but have not recieved a response from the city. I have complained to the owners of this business about the parking and recieved a less than pleasent response. It presents problems for my visitors and myself being able to park in front of my own home.
I realize that it is a public street but again the CC&R's prohibit the operation of a business in our development.