FACTS: The property is located in a subdivision which is governed by Covenants, Conditions & Restrictions (the “CC&Rs”).  There once was a homeowner’s association that regulated and enforced the CC&Rs where necessary.  The homeowner’s association is now defunct and no longer operating.

ISSUE: Are the CC&Rs still enforceable even though there is no homeowner’s association to enforce them?

ANSWER: Yes.

DISCUSSION:

CC&Rs typically run with the land and constitute a contract between all of the property owners to behave in a certain manner.  Shalimar Association v. D.O.C. Enterprises, Ltd., 142 Ariz. 36, 688 P.2d 682 (App. 1984).  As such, any homeowner in the subdivision has the ability to enforce the CC&Rs against another homeowner.  Id.  Thus, the CC&Rs are binding and enforceable against the homeowners even though there is no homeowner’s association in place.