Finally!

It looks like a strong market turn!

How’s your market?

Sedona’s market is exceptionally strong in the $300,000 and below area… actually it’s very difficult to find a property available under $300,000 and it’s almost impossible to find a nice property under $200,000 without it being either a manufactured home or a condo.

One thing to remember in housing:  the lower end pushes up the mid-range.

If you are thinking of putting your property on the market in Sedona, now is a great time.  We will have a very strong buying market from now through October.

Flagstaff market is extremely hot!  Many multiple offers in all price ranges.  A strong market thru October.

Phoenix has been leading the country and will continue to do so.

Call us.  We’d love to help you.  Our agents

Sedona:  Bert Berkshire 928-300-3523 & Kathy Howe 928-274-4088

Flagstaff:  JB Clemons

Phoenix:  Susan Aavang  602-469-8484

We’ll tell you about your market…

Mortgage Debt Relief Act 2013

The “fiscal cliff” included many more things than just continuing tax benefits, such as the Bush Tax Cuts.  In order for the housing market to continue its healing, those who are still “underwater” and have yet to find a solution to their woes, needed to know that if a short sale or a foreclosure was looming on the horizon, being 1099-ed by IRS was not going to be a “pile on”.

From the National Association of REALTORS,  Robert Freedman has explained the Senate “Cliff” bill.  Click HERE.

Mortgage Debt Relief Act 2013

For those of you who are current on your mortgage, are not underwater on your home value, and are not familiar with the Mortgage Relief Act:

Back in 2007 when Congress realized that the residential resale market was collapsing and there was not a sign of recovery insight, they passed a bill which halted IRS from taxing homeowners who walked away from their homes because they could not pay their mortgages or sell their homes.  In the early days of this housing crisis, short sales were not always happening and lenders chose to foreclose.  Many people were not so lucky as to live in a state that had an anti-deficiency statute either.

Example:

Mr/Mrs Smith bought a home in 2005 for $300,000

In 2008 Mr. Smith loses his job and cannot find anything.

Mr. Smith calls a REALTOR to try to sell their home.

REALTOR tells Smith his home is only worth $170,000.

Mr. Smith’s loan balance is $235,000.

Mr. Smith is a lucky one:  REALTOR finds buyer.  Lender approves sale.

Mr. Smith’s house sells for $167,000.

Mr. Smith lives in Arizona and qualifies for the Anti-Deficiency Statute

Mr. Smith’s lender cannot go after the deficiency difference of $68,000…

…though many of the lenders at that time tried to make it a requirement in order to approve the short sale.  Many of these Arizona residents had to hire attorneys to protect themselves.

Without the Mortgage Debt Relief Act, IRS could give the taxpayer a bill for $68,000 as debt relief.

Here is the IRS take on the Mortgage Debt Relief Act Extended – 2013

Thanks to Congress, we have another year to hope our housing market improves enough that homeowners can sell their properties for enough money to pay the full amount of their loans or be able to keep their homes by having jobs that allow them to pay their mortgages.

Happy Days!

Disclaimer:  I am not an attorney nor am I a tax expert.  I am a real estate educator who is merely outlining the simple issues of the Mortgage Debt Relief Act and making mention of Arizona’s Anti-Deficiency statute.  Each situation is different and parties should seek legal and tax counsel prior to acting on anything in this article.

Kathy Howe, Owner/Broker

• how2arizona real estate LLC
• Sedona, AZ

Mortgage Debt Relief Act 2013

Merry Christmas!!

Talk with one of our agents about their marketing plans for you.

Talk with one of our agents about our buyer-agent representation.

Talk with our broker, who also runs a real estate school and teaches real estate to other agents.

Hire the best.  Hire a how2arizona real estate agent to represent you in your next sale or purchase of residential or investment properties.  Our agents are conscientious, attentive, and we all try to work as a team.

At this end of the year, we want you to know just how important the spiritual aspects of the holidays are to us.

Christmas is a mindset.  It’s a sense of love and spiritualism.

Faith is a blessing.  Believe.  In yourself.  In a higher power.  Believe.

Christmas is bringing together those who are most important in your life.  Christmas is a time to embrace forgiveness and to give to those who are less fortunate.  Christmas is about the birth of something greater than us.  Believe.  Thrive.  Prosper.

Merry Christmas!

Kathy Howe, Owner/Broker

• how2arizona real estate LLC
• 928-274-4088

Merry Christmas 2012

Weekly report of Oak Creek Canyon Properties 12-20-12.

Listings, Sales, Pendings.

Area 40 in the SVVAR MLS to pull up canyon listings.

West Fork in the canyon.

Kathy Howe
how2arizona real estate LLC
Sedona, AZ

Sedona’s Oak Creek Canyon

Sedona City Street Map

The City of Sedona publishes online maps for streets.  In black are those streets that are maintained by the City, while the blue lines indicate those privately owned and maintained.

If you are buying a property in Sedona, it may be wise to have a survey done if you find that you own the street.  It is possible that your property line goes into the middle of the road.

If you click on the “maps for streets” it will link you to the City of Sedona site.  The purpose of the article is disclosure.  While most people live in areas where all streets are maintained by the city, many of Sedona’s are private.  Any repairs, resurfacing, or liability may be that of the owner.  Ask questions when you purchase.  Check with your insurance company.

Blue lines indicate private streets.

Blue:  Private Streets

The black lines indicate City-Maintained streets, while the blue lines indicate Private ones.

Suggestion:  if you are considering the purchase of a property with private streets, be certain to have a survey.  In many cases where there is no HOA, your new property line may run to the middle of the street.  So runs your maintenance and your liability.  Discuss the issue with your insurance agent.

West Sedona Streets

Full disclosure is paramount to a happy real estate transaction.

Call me if I can be of assistance!  Kathy Howe – 928-274-4088

I’ll give you the name of the gentleman at the City of Sedona who can help you determine if your streets are city or private.

We are so pleased to have agents in Sedona, Flagstaff, and Phoenix.  Our listings are in all 3 MLSs, giving our clients much more exposure than many real estate companies.

SEDONA, FLAGSTAFF, PHOENIX

Take a look at a few of our Vacation Rentals in Flagstaff:

• The Coburn Homstead at the Continental Country Club
• Mountain Retreat
• Luxury Vacation Lodge
• Private Estate
• Downtown Flagstaff Condo
• Spring Meadow Mountain Villa
• 5 Bedroom Vacation Lodge
• Oak Creek Canyon

We are adding more every day!  Keep checking back for more rentals, both in Flagstaff and Sedona.

Have a look at our Sedona listings:

• 1000 Shangri La, Oak Creek Canyon    IN ESCROW
•  189 Ridge Rock Rd, Sedona Golf Resort
• 200 Bell Creek Way #3, Sedona AZ
• 1535 Bent Creek, Cornville, AZ

337 Acacia, Sedona, AZ  Mystic Hills, …soon to be available for a 6 month rental beginning October 1

• Call JB Clemons in Flagstaff:  928-239-4155

• Call Kathy Howe in Sedona:  928-274-4088

We hope you will call us and let us assist you in renting or owning.  Our agents are experienced, energetic, and digital.  They are experienced in getting you “plugged in” and finding your special place, throughout much of Arizona.  If we don’t service a part of Arizona, we will be happy to give you to a competent agent in that area.

Real estate Agents:

• Sedona:  Bert Berkshire:  928-300-3523

• Flagstaff:  Kelly Broaddus:  928-606-6749

• Phoenix:  Susan Aavang:  602-469-8484

SEDONA, FLAGSTAFF, PHOENIX

Mold Control and Cleanup Basics

For detailed information from the EPA, click here.

MOLD CLEAN UP

Mold Control Basics

• The key to mold control is moisture control.
• If mold is a problem in your home, you should clean up the mold promptly and fix the
water problem.
• It is important to dry water-damaged areas and items within 24-48 hours to prevent mold
growth.

Mold Cleanup Basics

Act quickly. Mold damages what it grows on. The longer it grows, the more damage it can
cause. If the mold growth covers less than 10 square feet you can handle cleanup yourself.
Follow these guidelines:
• Scrub mold off hard surfaces with detergent and water, and dry completely.
• Fix plumbing leaks and other water problems as soon as possible. Dry all items
completely.
• Absorbent or porous materials, such as ceiling tiles and carpet, may have to be thrown
away if they become moldy. Mold can grow on or fill in the empty spaces and crevices of
porous materials, so the mold may be difficult or impossible to remove completely.
• Avoid exposing yourself or others to mold (see discussions: What to Wear When Cleaning
Moldy Areas and Hidden Mold).
• Do not paint or caulk moldy surfaces. Clean up the mold and dry the surfaces before
painting. Paint applied over moldy surfaces is likely to peel.
• If you are unsure about how to clean an item, or if the item is expensive or of sentimental
value, you may wish to consult a specialist. Specialists in furniture repair, restoration,
painting, art restoration and conservation, carpet and rug cleaning, water damage, and
fire or water restoration are commonly listed in phone books. Be sure to ask for and check
references. Look for specialists who are affiliated with professional organizations.
What to Wear When Cleaning Moldy Areas
Wear an N-95 respirator to avoid breathing in mold or mold spores. These respirators are
available at many hardware stores and from companies that advertise on the Internet. (They
cost about $12 to $25.) Some N-95 respirators resemble a paper dust mask with a nozzle on the front, others are made primarily of plastic or rubber and have removable cartridges that trap most of the mold spores from entering. In order to be effective, the respirator or mask must fit properly, so carefully follow the instructions supplied with the respirator.
Wear gloves. Long gloves that extend to the middle of the forearm are recommended.
When working with water and a mild detergent, ordinary household rubber gloves may be
used. If you are using a disinfectant, a biocide such as chlorine bleach, or a strong cleaning
solution, you should select gloves made from natural rubber, neoprene, nitrile,
polyurethane, or PVC (see Cleanup and Biocides). Avoid touching mold or moldy items
with your bare hands.
Wear goggles. Goggles that do not have ventilation holes are recommended. Avoid
getting mold or mold spores in your eyes

Keeping water from intruding under roof tiles, walls, tiles, etc. will be the first thing to stop.  Repair all known water intrusion locations.

MOLD CLEAN UP

REALTOR CODE OF ETHICS

Ever wonder what working with a REALTOR(R) means to you, a home buyer or seller?

This month I taught 2 of my favorite real estate continuing education classes to Arizona REALTORS(R):   The Ethics of Dual Agency and Coding the Contract = Client Care.  Then yesterday two licensees asked me when I would be teaching my Ethics courses again…

I was first certified to teach the Code of Ethics back in 1989.

But, can you teach ethical behavior?

We can teach someone choices of behavior… usually pointing out consequences for bad behavior; but, can an educator “teach” ethical behavior?

Definition of a Code of Ethics:  ”A written set of guidelines issued by an organization to its workers and management to help them conduct their actions in accordance with its primary values and ethical standards.

If you are a REALTOR(R) or are working with one, consider the following:

Not Everything Did I Learn in Kindergarten…

Yesterday I had the privilege and pleasure of attending one of the best real estate continuing education classes ever.  25 years.  The class was put on by Lin Ferrara of Eagle University, First American Title, and featured Bill Gray of Arizona School of Real Estate and Business, along with our very own, Jim Sexton, of John Hall.  The class was “The Code Rules” with a certificate for 3 hours of Commissioner’s Standards.  It didn’t stop there!  That same class gave all REALTOR® attendees their “Quadrennial Code of Ethics Training”…yes!  Double value!

So what did I learn other than what I learned in kindergarten?

First, we need to review that insightful poem by Robert Fulghum which was read by Jim Sexton at the closing of the class:

• Share everything
• Play fair
• Don’t hit people
• Put things back where you found them
• Clean up your own mess
• Don’t take things that aren’t yours
• Say you’re sorry when you hurt somebody
• Wash your hands before you eat
• Flush
• Warm cookies and cold milk are good for you
•  Live a balanced life
• Learn some and think some
• And draw and paint and sing and dance
• And play and work everyday some
• Take a nap every afternoon
• When you go out into the world, watch out for traffic
• Hold hands and stick together
• Be aware of wonder

“Be aware of wonder.”  My personal favorite.

After 25 years in the real estate business as a salesperson, a broker, a trainer, an educator, a past member of the Arizona Real Estate Advisory Board, and an ardent believer that “if you can dream it, you can do it!”, I was profoundly moved and reminded of what professionalism means through the Code of Ethics and our Arizona statutes and rules.

What did I learn?  Some things…

Article 1:  I should never use the term “free” when I advertise my buyer-broker-value to a prospective client.  Nothing in life is “free”.

Article 2:  I must disclose what I know about my listing, but I am not required to investigate beyond my “standard of care”.  Apparent is something I can see.  Latent is different.

Article 3:  If I am not a member of a board/association, I must contact the listing agent before showing a property to see if the listing agent will be cooperative with me and pay me.  Until we have a statewide MLS, I could work for “free” if I’m not careful.

I must understand what a variable rate commission means and alert other brokers to put on their “best game” if I represent the seller, and a buyer, at a reduced commission, in a multiple offer situation.

Article 4:  I must disclose any interest I have or any interest my family has in a property.  If I can’t legally marry them (or remarry them), I should disclose them.

Article 5:  If I want to purchase a property so I can “flip” it, I should not undervalue it if asked by the seller to give it a value.  “Flipping” is okay.  Under-puffing the goods is not.

Article 6:  I must disclose the $xx “bonus” I get from the home warranty company for selling or giving a home warranty at closing.

Article 7:  I must get the approval of my buyer for my broker to receive a “bonus” from the listing broker if my buyer buys the listed property.

Article 8:  I must follow my broker’s office policies about earnest deposits and not keep client cash or checks in my desk drawer.  I must turn over these monies to my broker to keep in the broker trust account so the broker can account for these monies to the client.  Better than me losing the cash or the checks!!

Article 9:  I must leave you, my client, with a copy of any agreements, so I will email the pdf file to you after we have written and signed it.  Digital is great!  Save a tree!  We all have digital abilities through ZipForms, eSignatures, and the Internet.  Life is good.

Article 10:  I must never discriminate.  If you are red, yellow, black, brown, green, single with children, gay, lesbian, Irish, Jewish, male or female, legally blind or different from me, I should find you a house.

Article 11:   I will continue not to do certain types of real estate, like business broker biz or property management, because I don’t give it my best.  I will refer business if I cannot properly service a client according to the standard of care.  I will let my client know that we will do things differently if I cannot be as good as I can be.  I want Christmas cards every year.

Article 12:  If I advertise “free” anything, I need to explain the terms and conditions.  “Free, but…”

Article 13:  I should not overstep my 26^th AZ Constitution Amendment abilities by giving legal advice on issues that I do not have expertise on, in, or around.  Attorneys are good.

Article 14:  If I am accused of being a bad REALTOR®, I’ll participate in the process so I can show I’m a good REALTOR®.

Article 15:  Don’t talk “stink” about competitors.  Don’t leave verbal cleat marks on the backs of competitors to get a listing or gain a buyer.

Article 16:  I can go door-to-door with door hangers and put them on a door with a sign on the property if I am doing all doors in the area.  It’s like mailing postcards…

Article 17:  If I cannot get along with, disagree with, or am having a dispute with, another REALTOR®, I will submit it to the REALTOR® family to settle.

I learned that the reason I am still in real estate after 25 years is because of the REALTOR® Code of Ethics, and because of those of you who were in the class.  We learn, participate, and teach others, and in doing so, raise the bar of professionalism.

We are a profession.

REALTOR SINCE 1986

Kathy Howe aka SedonaKathy

• Owner/Broker/Trainer
• how2arizona real estate LLC
• Resident of Uptown Sedona
• Owner of how2educate LLC (real estate school)
• Owner of how2realty referrals LLC
• Maricopa County Court Mediator

PROUD REALTOR

Planned Community Associations ARS 33-1801

If you are purchasing a property in a planned community in Arizona, you just might need to look a little further than the CC&Rs, the By-Laws, and the Rules.  Back in 1997, Arizona did a complete revamp of the statutes that affect Planned Communities.  These statutes may take precedence over some of the governing documents of your future property.

Here is the entire Statute affecting Planned Communities:

33-1801. Applicability; exemption

A. This chapter applies to all planned communities.

B. Notwithstanding any provisions in the community documents, this chapter does not apply to any school that receives monies from this state, including a charter school, and a school is exempt from regulation or any enforcement action by any homeowners’ association that is subject to this chapter. With the exception of homeschools as defined in section 15-802, schools shall not be established within the living units of a homeowners’ association. The homeowners’ association may enter into a contractual agreement with a school district or charter school to allow use of the homeowners’ association’s common areas by the school district or charter school.

C. This chapter does not apply to timeshare plans or associations that are subject to chapter 20 of this title.

 Planned Community Associations  ARS 33-1801

33-1802. Definitions

In this chapter and in the community documents, unless the context otherwise requires:

1. “Association” means 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.

2. “Community documents” means the declaration, bylaws, articles of incorporation, if any, and rules, if any.

3. “Declaration” means any instruments, however denominated, that establish a planned community and any amendment to those instruments.

4. “Planned community” means a real estate development which includes real estate owned and operated by a nonprofit corporation or unincorporated association of owners that is created for the purpose of managing, maintaining or improving the property and in which the owners of separately owned lots, parcels or units are mandatory members and are required to pay assessments to the association for these purposes. Planned community does not include a timeshare plan or a timeshare association that is governed by chapter 20 of this title.

33-1804. Open meetings; exceptions

A. Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the members’ association and the board of directors, and any regularly scheduled committee meetings, are open to all members of the association or any person designated by a member in writing as the member’s representative and all members or designated representatives so desiring shall be permitted to attend and speak at an appropriate time during the deliberations and proceedings. The board may place reasonable time restrictions on those persons speaking during the meeting but shall permit a member or member’s designated representative to speak once after the board has discussed a specific agenda item but before the board takes formal action on that item in addition to any other opportunities to speak. The board shall provide for a reasonable number of persons to speak on each side of an issue. Persons attending may tape record or videotape those portions of the meetings of the board of directors and meetings of the members that are open. The board of directors of the association may adopt reasonable rules governing the taping of open portions of the meetings of the board and the membership, but such rules shall not preclude such tape recording or videotaping by those attending. Any portion of a meeting may be closed only if that closed portion of the meeting is limited to consideration of one or more of the following:

1. Legal advice from an attorney for the board or the association. On final resolution of any matter for which the board received legal advice or that concerned pending or contemplated litigation, the board may disclose information about that matter in an open meeting except for matters that are required to remain confidential by the terms of a settlement agreement or judgment.

2. Pending or contemplated litigation.

3. Personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association, including records of the association directly related to the personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association.

4. Matters relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association.

5. Discussion of a member’s appeal of any violation cited or penalty imposed by the association except on request of the affected member that the meeting be held in an open session.

B. Notwithstanding any provision in the community documents, all meetings of the members’ association and the board shall be held in this state. A meeting of the members’ association shall be held at least once each year. Special meetings of the members’ association may be called by the president, by a majority of the board of directors or by members having at least twenty-five per cent, or any lower percentage specified in the bylaws, of the votes in the association. Not fewer than ten nor more than fifty days in advance of any meeting of the members the secretary shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address for each lot, parcel or unit owner or to any other mailing address designated in writing by a member. The notice shall state the time and place of the meeting. A notice of any special meeting of the members shall also state the purpose for which the meeting is called, including the general nature of any proposed amendment to the declaration or bylaws, changes in assessments that require approval of the members and any proposal to remove a director or an officer. The failure of any member to receive actual notice of a meeting of the members does not affect the validity of any action taken at that meeting.

C. Notwithstanding any provision in the declaration, bylaws or other community documents, for meetings of the board of directors that are held after the termination of declarant control of the association, notice to members of meetings of the board of directors shall be given at least forty-eight hours in advance of the meeting by newsletter, conspicuous posting or any other reasonable means as determined by the board of directors. An affidavit of notice by an officer of the corporation is prima facie evidence that notice was given as prescribed by this section. Notice to members of meetings of the board of directors is not required if emergency circumstances require action by the board before notice can be given. Any notice of a board meeting shall state the time and place of the meeting. The failure of any member to receive actual notice of a meeting of the board of directors does not affect the validity of any action taken at that meeting.

D. Notwithstanding any provision in the declaration, bylaws or other community documents, for meetings of the board of directors that are held after the termination of declarant control of the association, all of the following apply:

1. The agenda shall be available to all members attending.

2. An emergency meeting of the board of directors may be called to discuss business or take action that cannot be delayed until the next regularly scheduled board meeting. The minutes of the emergency meeting shall state the reason necessitating the emergency meeting. The minutes of the emergency meeting shall be read and approved at the next regularly scheduled meeting of the board of directors.

3. A quorum of the board of directors may meet by means of a telephone conference if a speakerphone is available in the meeting room that allows board members and association members to hear all parties who are speaking during the meeting.

4. Any quorum of the board of directors that meets informally to discuss association business, including workshops, shall comply with the open meeting and notice provisions of this section without regard to whether the board votes or takes any action on any matter at that informal meeting.

E. It is the policy of this state as reflected in this section that all meetings of a planned community, whether meetings of the members’ association or meetings of the board of directors of the association, be conducted openly and that notices and agendas be provided for those meetings that contain the information that is reasonably necessary to inform the members of the matters to be discussed or decided and to ensure that members have the ability to speak after discussion of agenda items, but before a vote of the board of directors is taken. Toward this end, any person or entity that is charged with the interpretation of these provisions shall take into account this declaration of policy and shall construe any provision of this section in favor of open meetings.

33-1805. Association financial and other records

A. Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member’s representative. The association shall not charge a member or any person designated by the member in writing for making material available for review. The association shall have ten business days to fulfill a request for examination. On request for purchase of copies of records by any member or any person designated by the member in writing as the member’s representative, the association shall have ten business days to provide copies of the requested records. An association may charge a fee for making copies of not more than fifteen cents per page.

B. Books and records kept by or on behalf of the association and the board may be withheld from disclosure to the extent that the portion withheld relates to any of the following:

1. Privileged communication between an attorney for the association and the association.

2. Pending litigation.

3. Meeting minutes or other records of a session of a board meeting that is not required to be open to all members pursuant to section 33-1804.

4. Personal, health or financial records of an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association, including records of the association directly related to the personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association.

5. Records relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association.

C. The association shall not be required to disclose financial and other records of the association if disclosure would violate any state or federal law.

33-1806. Resale of units; information required; fees; civil penalty; definition

A. For planned communities with fewer than fifty units, a member shall mail or deliver to a purchaser or a purchaser’s authorized agent within ten days after receipt of a written notice of a pending sale of the unit, and for planned communities with fifty or more units, the association shall mail or deliver to a purchaser or a purchaser’s authorized agent within ten days after receipt of a written notice of a pending sale that contains the name and address of the purchaser, all of the following in either paper or electronic format:

1. A copy of the bylaws and the rules of the association.

2. A copy of the declaration.

3. A dated statement containing:

(a) The telephone number and address of a principal contact for the association, which may be an association manager, an association management company, an officer of the association or any other person designated by the board of directors.

(b) The amount of the common regular assessment and the unpaid common regular assessment, special assessment or other assessment, fee or charge currently due and payable from the selling member. If the request is made by a lienholder, escrow agent, member or person designated by a member pursuant to section 33-1807, failure to provide the information pursuant to this subdivision within the time provided for in this subsection shall extinguish any lien for any unpaid assessment then due against that property.

(c) A statement as to whether a portion of the unit is covered by insurance maintained by the association.

(d) The total amount of money held by the association as reserves.

(e) If the statement is being furnished by the association, a statement as to whether the records of the association reflect any alterations or improvements to the unit that violate the declaration. The association is not obligated to provide information regarding alterations or improvements that occurred more than six years before the proposed sale. Nothing in this subdivision relieves the seller of a unit from the obligation to disclose alterations or improvements to the unit that violate the declaration, nor precludes the association from taking action against the purchaser of a unit for violations that are apparent at the time of purchase and that are not reflected in the association’s records.

(f) If the statement is being furnished by the member, a statement as to whether the member has any knowledge of any alterations or improvements to the unit that violate the declaration.

(g) A statement of case names and case numbers for pending litigation with respect to the unit filed by the association against the member or filed by the member against the association. The member shall not be required to disclose information concerning such pending litigation that would violate any applicable rule of attorney-client privilege under Arizona law.

(h) A statement that provides “I hereby acknowledge that the declaration, bylaws and rules of the association constitute a contract between the association and me (the purchaser). By signing this statement, I acknowledge that I have read and understand the association’s contract with me (the purchaser). I also understand that as a matter of Arizona law, if I fail to pay my association assessments, the association may foreclose on my property.” The statement shall also include a signature line for the purchaser and shall be returned to the association within fourteen calendar days.

4. A copy of the current operating budget of the association.

5. A copy of the most recent annual financial report of the association. If the report is more than ten pages, the association may provide a summary of the report in lieu of the entire report.

6. A copy of the most recent reserve study of the association, if any.

7. A statement summarizing any pending lawsuits, except those relating to the collection of assessments owed by members other than the selling member, in which the association is a named party, including the amount of any money claimed.

B. A purchaser or seller who is damaged by the failure of the member or the association to disclose the information required by subsection A of this section may pursue all remedies at law or in equity against the member or the association, whichever failed to comply with subsection A of this section, including the recovery of reasonable attorney fees.

C. The association may charge the member a fee of no more than an aggregate of four hundred dollars to compensate the association for the costs incurred in the preparation of a statement or other documents furnished by the association pursuant to this section for purposes of resale disclosure, lien estoppel and any other services related to the transfer or use of the property. In addition, the association may charge a rush fee of no more than one hundred dollars if the rush services are required to be performed within seventy-two hours after the request for rush services, and may charge a statement or other documents update fee of no more than fifty dollars if thirty days or more have passed since the date of the original disclosure statement or the date the documents were delivered. The association shall make available to any interested party the amount of any fee established from time to time by the association. If the aggregate fee for purposes of resale disclosure, lien estoppel and any other services related to the transfer or use of a property is less than four hundred dollars on January 1, 2010, the fee may increase at a rate of no more than twenty per cent per year based on the immediately preceding fiscal year’s amount not to exceed the four hundred dollar aggregate fee. The association may charge the same fee without regard to whether the association is furnishing the statement or other documents in paper or electronic format.

D. The fees prescribed by this section shall be collected no earlier than at the close of escrow and may only be charged once to a member for that transaction between the parties specified in the notice required pursuant to subsection A of this section. An association shall not charge or collect a fee relating to services for resale disclosure, lien estoppel and any other services related to the transfer or use of a property except as specifically authorized in this section. An association that charges or collects a fee in violation of this section is subject to a civil penalty of no more than one thousand two hundred dollars.

E. This section applies to a managing agent for an association that is acting on behalf of the association.

F. A sale in which a public report is issued pursuant to sections 32-2183 and 32-2197.02 or a sale pursuant to section 32-2181.02 is exempt from this section.

G. For the purposes of this section, unless the context otherwise requires, “member” means the seller of the unit title and excludes any real estate salesperson or real estate broker who is licensed under title 32, chapter 20 and who is acting as a salesperson or broker, any escrow agent who is licensed under title 6, chapter 7 and who is acting as an escrow agent and also excludes a trustee of a deed of trust who is selling the property in a trustee’s sale pursuant to chapter 6.1 of this title.

33-1807. Lien for assessments; priority; mechanics’ and materialmen’s liens

A. The association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes due. The association’s lien for assessments, for charges for late payment of those assessments, for reasonable collection fees and for reasonable attorney fees and costs incurred with respect to those assessments may be foreclosed in the same manner as a mortgage on real estate but may be foreclosed only if the owner has been delinquent in the payment of monies secured by the lien, excluding reasonable collection fees, reasonable attorney fees and charges for late payment of and costs incurred with respect to those assessments, for a period of one year or in the amount of one thousand two hundred dollars or more, whichever occurs first. Fees, charges, late charges, monetary penalties and interest charged pursuant to section 33-1803, other than charges for late payment of assessments are not enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment of the assessment becomes due. The association has a lien for fees, charges, late charges, other than charges for late payment of assessments, monetary penalties or interest charged pursuant to section 33-1803 after the entry of a judgment in a civil suit for those fees, charges, late charges, monetary penalties or interest from a court of competent jurisdiction and the recording of that judgment in the office of the county recorder as otherwise provided by law. The association’s lien for monies other than for assessments, for charges for late payment of those assessments, for reasonable collection fees and for reasonable attorney fees and costs incurred with respect to those assessments may not be foreclosed and is effective only on conveyance of any interest in the real property.

B. A lien for assessments, for charges for late payment of those assessments, for reasonable collection fees and for reasonable attorney fees and costs incurred with respect to those assessments under this section is prior to all other liens, interests and encumbrances on a unit except:

1. Liens and encumbrances recorded before the recordation of the declaration.

2. A recorded first mortgage on the unit, a seller’s interest in a first contract for sale pursuant to chapter 6, article 3 of this title on the unit recorded prior to the lien arising pursuant to subsection A of this section or a recorded first deed of trust on the unit.

3. Liens for real estate taxes and other governmental assessments or charges against the unit.

C. Subsection B of this section does not affect the priority of mechanics’ or materialmen’s liens or the priority of liens for other assessments made by the association. The lien under this section is not subject to chapter 8 of this title.

D. Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same real estate those liens have equal priority.

E. Recording of the declaration constitutes record notice and perfection of the lien for assessments, for charges for late payment of assessments, for reasonable collection fees and for reasonable attorney fees and costs incurred with respect to those assessments. Further recordation of any claim of lien for assessments under this section is not required.

F. A lien for an unpaid assessment is extinguished unless proceedings to enforce the lien are instituted within three years after the full amount of the assessment becomes due.

G. This section does not prohibit:

1. Actions to recover amounts for which subsection A of this section creates a lien.

2. An association from taking a deed in lieu of foreclosure.

H. A judgment or decree in any action brought under this section shall include costs and reasonable attorney fees for the prevailing party.

I. On written request, the association shall furnish to a lienholder, escrow agent, unit owner or person designated by a unit owner a statement setting forth the amount of any unpaid assessment against the unit. The association shall furnish the statement within ten days after receipt of the request, and the statement is binding on the association, the board of directors and every unit owner if the statement is requested by an escrow agency that is licensed pursuant to title 6, chapter 7. Failure to provide the statement to the escrow agent within the time provided for in this subsection shall extinguish any lien for any unpaid assessment then due.

J. The association shall record in the office of the county recorder in the county in which the planned community is located a notice stating the name of the association or designated agent or management company for the association, the address for the association and the telephone number of the association or its designated agent or management company. The notice shall include the name of the planned community, the date of the recording and the recorded instrument number or book and page for the main document that constitutes the declaration. If an association’s address, designated agent or management company changes, the association shall amend its notice or record a new notice within ninety days after the change.

K. Notwithstanding any provision in the community documents or in any contract between the association and a management company, unless the member directs otherwise, all payments received on a member’s account shall be applied first to any unpaid assessments, for unpaid charges for late payment of those assessments, for reasonable collection fees and for unpaid attorney fees and costs incurred with respect to those assessments, in that order, with any remaining amounts applied next to other unpaid fees, charges and monetary penalties or interest and late charges on any of those amounts.

33-1808. Flag display; political signs; caution signs; for sale, rent or lease signs; political activities

A. Notwithstanding any provision in the community documents, an association shall not prohibit the outdoor front yard or backyard display of any of the following:

1. The American flag or an official or replica of a flag of the United States army, navy, air force, marine corps or coast guard by an association member on that member’s property if the American flag or military flag is displayed in a manner consistent with the federal flag code (P.L. 94-344; 90 Stat. 810; 4 United States Code sections 4 through 10).

2. The POW/MIA flag.

3. The Arizona state flag.

4. An Arizona Indian nations flag.

5. The Gadsden flag.

B. The association shall adopt reasonable rules and regulations regarding the placement and manner of display of the American flag, the military flag, the POW/MIA flag, the Arizona state flag or an Arizona Indian nations flag. The association rules may regulate the location and size of flagpoles, may limit the member to displaying no more than two flags at once and may limit the height of the flagpole to no more than the height of the rooftop of the member’s home but shall not prohibit the installation of a flagpole in the front yard or backyard of the member’s property.

C. Notwithstanding any provision in the community documents, an association shall not prohibit the indoor or outdoor display of a political sign by an association member on that member’s property, except that an association may prohibit the display of political signs earlier than seventy-one days before the day of an election and later than three days after an election day. An association may regulate the size and number of political signs that may be placed on a member’s property if the association’s regulation is no more restrictive than any applicable city, town or county ordinance that regulates the size and number of political signs on residential property. If the city, town or county in which the property is located does not regulate the size and number of political signs on residential property, the association shall not limit the number of political signs, except that the maximum aggregate total dimensions of all political signs on a member’s property shall not exceed nine square feet. For the purposes of this subsection, “political sign” means a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer.

D. Notwithstanding any provision in the community documents, an association shall not prohibit the use of cautionary signs regarding children if the signs are used and displayed as follows:

1. The signs are displayed in residential areas only.

2. The signs are removed within one hour of children ceasing to play.

3. The signs are displayed only when children are actually present within fifty feet of the sign.

4. The temporary signs are no taller than three feet in height.

5. The signs are professionally manufactured or produced.

E. Notwithstanding any provision in the community documents, an association shall not prohibit children who reside in the planned community from engaging in recreational activity on residential roadways that are under the jurisdiction of the association and on which the posted speed limit is twenty-five miles per hour or less.

F. Notwithstanding any provision in the community documents, an association shall not prohibit or charge a fee for the use of, placement of or the indoor or outdoor display of a for sale, for rent or for lease sign and a sign rider by an association member on that member’s property in any combination, including a sign that indicates the member is offering the property for sale by owner. The size of a sign offering a property for sale, for rent or for lease shall be in conformance with the industry standard size sign, which shall not exceed eighteen by twenty-four inches, and the industry standard size sign rider, which shall not exceed six by twenty-four inches. This subsection applies only to a commercially produced sign, and an association may prohibit the use of signs that are not commercially produced. With respect to real estate for sale, for rent or for lease in the planned community, an association shall not prohibit in any way other than as is specifically authorized by this section or otherwise regulate any of the following:

1. Temporary open house signs or a member’s for sale sign. The association shall not require the use of particular signs indicating an open house or real property for sale and may not further regulate the use of temporary open house or for sale signs that are industry standard size and that are owned or used by the seller or the seller’s agent.

2. Open house hours. The association may not limit the hours for an open house for real estate that is for sale in the planned community, except that the association may prohibit an open house being held before 8:00 a.m. or after 6:00 p.m. and may prohibit open house signs on the common areas of the planned community.

3. An owner’s or an owner’s agent’s for rent or for lease sign unless an association’s documents prohibit or restrict leasing of a member’s property. An association shall not further regulate a for rent or for lease sign or require the use of a particular for rent or for lease sign other than the for rent or for lease sign shall not be any larger than the industry standard size sign of eighteen by twenty-four inches on or in the member’s property. If rental or leasing of a member’s property is not prohibited or restricted, the association may prohibit an open house for rental or leasing being held before 8:00 a.m. or after 6:00 p.m.

G. Notwithstanding any provision in the community documents, an association shall not prohibit door to door political activity, including solicitations of support or opposition regarding candidates or ballot issues, and shall not prohibit the circulation of political petitions, including candidate nomination petitions or petitions in support of or opposition to an initiative, referendum or recall or other political issue on property normally open to visitors within the association, except that an association may do the following:

1. Restrict or prohibit the door to door political activity from sunset to sunrise.

2. Require the prominent display of an identification tag for each person engaged in the activity, along with the prominent identification of the candidate or ballot issue that is the subject of the support or opposition.

H. A planned community shall not make any regulations regarding the number of candidates supported, the number of public officers supported or opposed in a recall or the number of propositions supported or opposed on a political sign.

I. A planned community shall not require political signs to be commercially produced or professionally manufactured or prohibit the utilization of both sides of a political sign.

J. A planned community is not required to comply with subsection G if the planned community restricts vehicular or pedestrian access to the planned community. Nothing in this section requires a planned community to make its common elements other than roadways and sidewalks that are normally open to visitors available for the circulation of political petitions to anyone who is not an owner or resident of the community.

K. An association or managing agent that violates subsection F of this section forfeits and extinguishes the lien rights authorized under section 33-1807 against that member’s property for a period of six consecutive months from the date of the violation.

33-1809. Parking; public service and public safety emergency vehicles; definition

A. Notwithstanding any provision in the community documents, an association shall not prohibit a resident from parking a motor vehicle on a street or driveway in the planned community if the vehicle is required to be available at designated periods at the person’s residence as a condition of the person’s employment and either of the following applies:

1. The resident is employed by a public service corporation that is regulated by the corporation commission, an entity regulated by the federal energy regulatory commission or a municipal utility and the public service corporation or municipal utility is required to prepare for emergency deployments of personnel and equipment for repair or maintenance of natural gas, electrical, telecommunications or water infrastructure, the vehicle has a gross vehicle weight rating of twenty thousand pounds or less and is owned or operated by the public service corporation or municipal utility and the vehicle bears an official emblem or other visible designation of the public service corporation or municipal utility.

2. The resident is employed by a public safety agency, including police or fire service for a federal, state, local or tribal agency or a private fire service provider or an ambulance service provider that is regulated pursuant to title 36, chapter 21.1, and the vehicle has a gross vehicle weight rating of ten thousand pounds or less and bears an official emblem or other visible designation of that agency.

B. For the purposes of this section, “telecommunications” means the transmission of information of the user’s choosing between or among points specified by the user without change in the form or content of the information as sent and received. Telecommunications does not include commercial mobile radio services.

33-1810. Board of directors; annual audit

Unless any provision in the planned community documents requires an annual audit by a certified public accountant, the board of directors shall provide for an annual financial audit, review or compilation of the association. The audit, review or compilation shall be completed no later than one hundred eighty days after the end of the association’s fiscal year and shall be made available upon request to the members within thirty days after its completion.

33-1811. Board of directors; contracts; conflict

If any contract, decision or other action for compensation taken by or on behalf of the board of directors would benefit any member of the board of directors or any person who is a parent, grandparent, spouse, child or sibling of a member of the board of directors or a parent or spouse of any of those persons, that member of the board of directors shall declare a conflict of interest for that issue. The member shall declare the conflict in an open meeting of the board before the board discusses or takes action on that issue and that member may then vote on that issue. Any contract entered into in violation of this section is void and unenforceable.

33-1812. Proxies; absentee ballots; definition

A. Notwithstanding any provision in the community documents, after termination of the period of declarant control, votes allocated to a unit may not be cast pursuant to a proxy. The association shall provide for votes to be cast in person and by absentee ballot and may provide for voting by some other form of delivery. Notwithstanding section 10-3708 or the provisions of the community documents, any action taken at an annual, regular or special meeting of the members shall comply with all of the following if absentee ballots are used:

1. The absentee ballot shall set forth each proposed action.

2. The absentee ballot shall provide an opportunity to vote for or against each proposed action.

3. The absentee ballot is valid for only one specified election or meeting of the members and expires automatically after the completion of the election or meeting.

4. The absentee ballot specifies the time and date by which the ballot must be delivered to the board of directors in order to be counted, which shall be at least seven days after the date that the board delivers the unvoted absentee ballot to the member.

5. The absentee ballot does not authorize another person to cast votes on behalf of the member.

B. Votes cast by absentee ballot or other form of delivery are valid for the purpose of establishing a quorum.

C. Notwithstanding subsection A of this section, an association for a timeshare plan as defined in section 32-2197 may permit votes by a proxy that is duly executed by a unit owner.

D. For the purposes of this section, “period of declarant control” means the time during which the declarant or persons designated by the declarant may elect or appoint the members of the board of directors pursuant to the community documents or by virtue of superior voting power.

33-1813. Removal of board member; special meeting

A. Notwithstanding any provision of the declaration or bylaws to the contrary, the members, by a majority vote of members entitled to vote and voting on the matter at a meeting of the members called pursuant to this section at which a quorum is present, may remove any member of the board of directors with or without cause, other than a member appointed by the declarant. For purposes of calling for removal of a member of the board of directors, other than a member appointed by the declarant, the following apply:

1. In an association with one thousand or fewer members, on receipt of a petition that calls for removal of a member of the board of directors and that is signed by the number of persons who are entitled to cast at least twenty-five per cent of the votes in the association or one hundred votes in the association, whichever is less, the board shall call and provide written notice of a special meeting of the association as prescribed by section 33-1804, subsection B.

2. Notwithstanding section 33-1804, subsection B, in an association with more than one thousand members, on receipt of a petition that calls for removal of a member of the board of directors and that is signed by the number of persons who are entitled to cast at least ten per cent of the votes in the association or one thousand votes in the association, whichever is less, the board shall call and provide written notice of a special meeting of the association. The board shall provide written notice of a special meeting as prescribed by section 33-1804, subsection B.

3. The special meeting shall be called, noticed and held within thirty days after receipt of the petition.

4. For purposes of a special meeting called pursuant to this subsection, a quorum is present if the number of owners to whom at least twenty per cent of the votes or one thousand votes, whichever is less, are allocated is present at the meeting in person or as otherwise permitted by law.

5. If a civil action is filed regarding the removal of a board member, the prevailing party in the civil action shall be awarded its reasonable attorney fees and costs.

6. The board of directors shall retain all documents and other records relating to the proposed removal of the member of the board of directors for at least one year after the date of the special meeting and shall permit members to inspect those documents and records pursuant to section 33-1805.

7. A petition that calls for the removal of the same member of the board of directors shall not be submitted more than once during each term of office for that member.

B. For an association in which board members are elected from separately designated voting districts, a member of the board of directors, other than a member appointed by the declarant, may be removed only by a vote of the members from that voting district, and only the members from that voting district are eligible to vote on the matter or be counted for purposes of determining a quorum.

33-1814. Slum property; professional management

For any residential rental units that have been declared a slum property by the city or town pursuant to section 33-1905 and that are in the planned community, the association is responsible for enforcing any requirement for a licensed property management firm that is imposed by a city or town pursuant to section 33-1906.

33-1815. Association authority; commercial signage

Notwithstanding any provision in the community documents, after an association has approved a commercial sign, including its registered trademark that is located on properties zoned for commercial use in the planned community, the association, including any subsequently elected board of directors, may not revoke or modify its approval of that sign if the owner or operator of the sign has received approval for the sign from the local or county governing body with jurisdiction over the sign.

33-1816. Solar energy devices; reasonable restrictions; fees and costs

A. Notwithstanding any provision in the community documents, an association shall not prohibit the installation or use of a solar energy device as defined in section 44-1761.

B. An association may adopt reasonable rules regarding the placement of a solar energy device if those rules do not prevent the installation, impair the functioning of the device or restrict its use or adversely affect the cost or efficiency of the device.

C. Notwithstanding any provision of the community documents, the court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section.

33-1817. Declaration amendment; design, architectural committees; review

Notwithstanding any provision in the community documents:

1. Membership on a design review committee, an architectural committee or a committee that performs similar functions, however denominated, for the planned community shall include at least one member of the board of directors who shall serve as chairperson of the committee.

2. For new construction of the main residential structure on a lot or for rebuilds of the main residential structure on a lot and only in a planned community that has enacted design guidelines, architectural guidelines or other similar rules, however denominated:

(a) If the association documents permit the association to charge the member a security deposit and if the association requires the member to pay a security deposit to secure completion of the member’s construction project or compliance with approved plans, the deposit shall be placed in a trust account with the following instructions:

(i) The cost of the trust account shall be shared equally between the association and the member.

(ii) If the construction project is abandoned, the board of directors may determine the appropriate use of any deposit monies.

(iii) Any interest earned on the refundable security deposit shall become part of the security deposit.

(b) The association or the design review committee must hold a final design approval meeting for the purpose of issuing approval of the plans, and the member or member’s agent must have the opportunity to attend the meeting. If the plans are approved, the association’s design review representative shall provide written acknowledgement that the approved plans, including any approved amendments, are in compliance with all rules and guidelines in effect at the time of the approval and that the refund of the deposit requires that construction be completed in accordance with those approved plans.

(c) The association must provide for at least two on-site formal reviews during construction for the purpose of determining compliance with the approved plans. The member or member’s agent shall be provided the opportunity to attend both formal reviews. Within five business days after the formal reviews, the association shall cause a written report to be provided to the member or member’s agent specifying any deficiencies, violations or unapproved variations from the approved plans as amended and that have come to the attention of the association.

(d) Within thirty business days after the second formal review, the association shall provide to the member, a copy of the written report specifying any deficiencies, violations or unapproved variations from the approved plans as amended that have come to the attention of the association. If the written report does not specify any deficiencies, violations or unapproved variations from the approved plans, as amended, that have come to the attention of the association, the association shall promptly release the deposit monies to the member. If the report identifies any deficiencies, violations or unapproved variations from the approved plans, as amended, the association may hold the deposit for one hundred eighty days or until receipt of a subsequent report of construction compliance, whichever is less. If a report of construction compliance is received before the one hundred eightieth day, the association shall promptly release the deposit monies to the member. If a compliance report is not received within one hundred eighty days, the association shall release the deposit monies promptly from the trust account to the association.

(e) Neither the approval of the plans nor the approval of the actual construction by the association or the design review committee shall constitute a representation or warranty that the plans or construction comply with applicable governmental requirements or applicable engineering, design or safety standards. The association in its discretion may release all or any part of the deposit to the member before receiving a compliance report. Release of the deposit to the member does not constitute a representation or warranty from the association that the construction complies with the approved plans.

Planned Community Association ARS 33-1801

This is current as of 8-18-12

Kathy Howe

• Broker, how2arizona real estate LLC
• Uptown Sedona Resident
• Agents in Phoenix, Sedona, Flagstaff
• Property Management in Flagsatff and Sedona for Vacation Rentals and Short Term Rentals
• 928-274-4088  /  kathy@kathyhowe.com 

 Planned Community Associations ARS 33-1801

A message for you and me.  A lady I most admire and met on Twitter just published this letter.

• $449,000

• 4 bedrooms

• 4 baths

• 2779 sqft

• Built in 2006

• Forced gas heating

• 2 car garage

• Open floorplan

Great family room and a master bedroom with red rock views!

Call Bert Berkshire for your private showing:  928-300-3523

Or email Bert:  bbertazre@gmail.com

What can a handyman legally do in Arizona?

With so many licensed contractors out of business, looking for jobs, and watching numerous unlicensed “handyman” persons doing work that may require permits or are over $1,000 total expense, these licensed contractors are asking for help from the Registrar of Contractors.

First, what can a handyman do for a property owner under Arizona’s handyman exemption?

If you go to the Arizona Registrar of Contractor’s website looking for the handyman exemption, you will arrive at this page.  Then you will be directed to the Arizona Revised Statute 32-1121.

http://www.azleg.gov/ars/32/01121.htm

WHO IS EXEMPT?

The highlights of those who are exempt from having to have a contractor’s license:

5. Owners of property who improve such property or who build or improve structures or appurtenances on such property and who do the work themselves, with their own employees or with duly licensed contractors, if the structure, group of structures or appurtenances, including the improvements thereto, are intended for occupancy solely by the owner and are not intended for occupancy by members of the public as the owner’s employees or business visitors and the structures or appurtenances are not intended for sale or for rent. In all actions brought under this chapter, except an action against an owner-occupant as defined in section 33-1002, proof of the sale or rent or the offering for sale or rent of any such structure by the owner-builder within one year after completion or issuance of a certificate of occupancy is prima facie evidence that such project was undertaken for the purpose of sale or rent. For the purposes of this paragraph, “sale” or “rent” includes any arrangement by which the owner receives compensation in money, provisions, chattels or labor from the occupancy or the transfer of the property or the structures on the property.

What does this mean?

You can be an owner who does work on your home using your talents, “employee” talents (IRS withholding) for your own enjoyment.  You may not sell or rent your property for at least 1 year after improvements completed and should disclose that you were the owner-remodeler, used unlicensed contractors who were your employees, at the time you contract for rent or sale.

10. Employees of the owners of condominiums, townhouses, cooperative units or apartment complexes of four units or less or the owners’ management agent or employees of the management agent repairing or maintaining structures owned by them.

11. Any person who engages in the activities regulated by this chapter, as an employee of an exempt property owner or as an employee with wages as the person’s sole compensation.

14. Any person other than a licensed contractor engaging in any work or operation on one undertaking or project by one or more contracts, for which the aggregate contract price, including labor, materials and all other items, but excluding any electrical fixture or appliance that was designed by the manufacturer, that is unaltered, unchanged or unmodified by any person, that can be plugged into a common household electrical outlet utilizing a two pronged or three pronged electrical connector and that does not use any other form of energy, including natural gas, propane or other petroleum or gaseous fuel, to operate or is attached by a nail, screw or other fastening device to the frame or foundation of any residential structure, is less than one thousand dollars. The work or operations which are exempt under this paragraph shall be of a casual or minor nature.

16. A person who functions as a gardener by performing lawn, garden, shrub and tree maintenance.

This exemption does not apply:

(a) In any case in which the performance of the work requires a local building permit.

(b) In any case in which the work or construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than one thousand dollars, excluding any electrical fixture or appliance that was designed by the manufacturer, that is unaltered, unchanged or unmodified by any person, that can be plugged into a common household electrical outlet utilizing a two pronged or three pronged electrical connector and that does not use any other form of energy, including natural gas, propane or other petroleum or gaseous fuel, to operate or is attached by a nail, screw or other fastening device to the frame or foundation of any residential structure, for the purpose of evasion of this chapter or otherwise.

(c) To a person who utilizes any form of advertising to the public in which the person’s unlicensed status is not disclosed by including the words “not a licensed contractor” in the advertisement.

Arizona Handyman “Sting” by the ROC

Recently 4 states:  Arizona, California, Oregon, and Nevada have begun to go after those not licensed and are doing work that required to have a contractor’s license.  They started with Craigslist.  It’s also illegal for the unlicensed contractor to advertise for work that takes them over $1,000.

What is the penalty to the unlicensed contractor?

It can be pretty brutal.  See the Arizona Revised Statute 21-1154.

With states cracking down on handyman exemptions and unlicensed contractors, it may be worth your while to negotiate with a licensed contractor when looking for someone to do your remodel work.

The Handyman Exemption is for small jobs or for those of you who are maintaining your property.

Kathy Howe

• Owner/Broker
• Uptown Sedona Resident
• West Sedona Business

Click here for a list of Arizona Counties

Click here for the official Arizona State Map for Cities, Towns, Counties, Voting, Election Info…

Click here for the Arizona Census Map giving facts about each of Arizona’s cities and towns…

Wikipedia has this list published of

Arizona Cities and Towns:

Incorporated:

[edit]Census-designated places

There are 15 counties in the state of Arizona. Four counties (Mohave, Pima, Yavapai and Yuma) were created in 1864 following the organization of the Arizona Territory in 1862. All but La Paz County were created by the time Arizona was granted statehood in 1912.

The names of many of the counties pay tribute to the state’s Native American heritage. Nine of the fifteen counties are named after various native groups that are resident in parts of what is now Arizona. Three of the other counties have Spanish names from the language of the early Hispanic explorers of Arizona: La Paz County, Santa Cruz County, and Pinal County. Another county, Graham County, is named for a physical feature, Mount Graham, with the final county,Greenlee County, being named after one of the state’s early pioneers.

Click here for an Interactive Arizona Map of Counties with Cities and Towns.

Pick a city or town in Arizona…it’s a great place to live!

If you need a REALTOR(R) in one of these cities or towns

give us a call… our network is awesome.  We’ll be able to put you in contact with someone who can help you with your needs.

Kathy Howe aka SedonaKathy

• how2arizona real estate LLC
• how2educate LLC
• Sedona, AZ
• 928-274-4088
• kathy@kathyhowe.com
• Uptown Sedona Resident

Arizona Cities and Towns…

“Show Me The Note”

In Arizona, “show me the note” theory in foreclosures is not a defense.  Many Arizona attorneys have cautioned borrowers in default that this may not be a defense, while a number of attorneys have suggested that the defense might be a worthwhile course to take.  One attorney who has cautioned borrowers that Arizona Courts are rejecting “show me the note” theory is Valerie L Marciano of Jaburg/Wilk law firm and she has written an interesting assessment of the issue.

Another Arizona law firm, Finter/Decker, give an excellent review of the issue, including citing Hogan v. Washington Mutual.

“show me the note” is also addressed in Merscorp, Inc. and Mortgage Electronic Registration Systems, Inc. Case Law Outline.

Understanding Arizona’s Trust Deeds, see ARS 33-801 thru 33-831.

Additional legal information about Arizona’s Anti-Deficiency laws can be accessed through the Arizona Association of REALTORS(R).

As for…

“Show Me The Note” … not in Arizona.

PROPERTY FORECLOSURE SALES

From the REALTOR family a great article about what percentage of residential real estate sales are foreclosures.

10 States With the Most Foreclosure Sales

Ever wonder what an Arizona real estate licensees are supposed to do for you in a real estate transaction?

Here’s the list from the Arizona Department of Real Estate:

 1000 Shangri La, Oak Creek Canyon

This home was purchased in 2008 as a foreclosure and it was updated throughout.  Since 2008:

• new appliances
• laminate wood flooring
• extended decks
• remodeled bathrooms (2)
• added storage
• painted exterior

This property was built in 1986 and when purchased in 2008 looked like this:

This is what 1000 Shangri La Dr, Oak Creek Canyon, looks like today:

The interior of this Oak Creek Canyon house:

At night you can hear the water running down the creekway…during the day you can hear the birds, watch the wildlife of deer, Javelina, and other assorted critters.

 $379,000

Possible Seller financing – be creative!

Other features of this property:

• private well
• sprinkler system
• 2 bedrooms + loft
• 2 bathrooms
• laundry room
• under house storage
• RV parking space
• single A/C unit in bedroom
• tinted windows

Rancho Shangri La is located halfway between “The Trout Farm” and “Slide Rock State Park” along SR89A.

A bit of history:

Historical weather of the area:  click here.

From Wikipedia:

“Oak Creek Canyon is a river gorge located along the Mogollon Rim in northern Arizona between the cities of Flagstaff and Sedona. The canyon is often described as a smaller cousin of the Grand Canyon because of its scenic beauty. State Route 89A enters the canyon on its north end via a series of hairpin turns before traversing the bottom of the canyon for about 13 miles (20.8 kilometers) until the highway enters the town of Sedona…

… is about 12 miles (19.2 km) long, ranging in width from 0.8 to 2.5 miles (1.3 to 4 km). The depth of the canyon ranges from 800-2,000 feet (240 to 600 meters). However, due to the faulting that played a major role in its formation, the west rim of the canyon is 700 feet (210 meters) higher than the east rim. The average elevation of the west rim is 7,200 feet (2,160 meters) while the east rim elevation is 6,500 feet (1,950 m)

Oak Creek, a tributary of the Verde River, flows along the bottom of the canyon, and is one of the few perennial streams in the high desert region of northern Arizona…”

Further up the road is West Fork, one of the most awesome places in the fall.  Reds, oranges, greens, chartreuses, dark greens…  But it has many, many hikers and visitors during the rest of the year.  Located just north of Sedona… West Fork is the most popular hiking trail in the Coconino National Forest and possibly the most scenic in Arizona. It is a perfect hiking trail in all seasons.

There’s so much more to tell you about this beautiful property… why not call Kathy Howe for a showing?

• 928-274-4088 call or text me
• kathy@kathyhowe.com for additional information 

map courtesy of Corelogic Q3 2011 Report

It appears that Arizona still has a way to go to recover from the housing market decline.  But the translation is that there may be many great buys for those who are looking for properties, either for use as principal residence, secondary residence, or investment.

From a report from AZCentral.com, during the summer of 2011, shows that the “underwater” or negative home equity amount for Arizona homeowners averaged “$60,000″.  The real estate market in Sedona includes many short sales and foreclosures.  That is also true for most of the Verde Valley.

So now is the time for you to take advantage of buying a Sedona or Verde Valley property and begin a live of red rock vistas, small town living, and outdoor living throughout the year.

Negative Home Equity

Kathy Howe aka SedonaKathy   928-274-4088   kathy@kathyhowe.com

• how2arizona real estate LLC
• Owner/Broker
• Buyer Broker Representative
• Uptown Sedona Resident
• Real Estate Educator – owner:  how2educate LLC
• Maricopa County Court Volunteer Mediator

Negative Home Equity

Can anyone tell me why real estate agents cannot return a phone call, a text, or an email within 24 hours?

Under R4-28-1102(2) of the Arizona Administrative Code:

R4-28-1102. Property Negotiations

Except for owner listed properties, negotiations shall be conducted exclusively through the principal’s broker or the broker’s representative unless:

1. The principal waives this requirement in writing, and

2. No licensed representative of the broker is available for 24 hours.

Agents use smart phones that allow them to answer phone calls, text, or read/answer email.

Voicemail allows the agent to change their voicemail message each day, especially when they are going to be busy and may not be able to return a call as quickly as on another day.  Technology is awesome!!

So why do agents not return phone calls, text messages, or emails for over 24 hours?

24 hours

As an instructor who teaches other than the Sedona area, I hear agents complaining bitterly about the lack of communication within our industry.  Sad.  At first I thought perhaps those older agents who were not tech-savvy were the culprits, but no.  According to agents of all ages, the lack of communication occurs across the generations.

Not good.

Our consumers are entitled to more and better.

In many classes, educators try to remind agents to define the means of communication with clients prior to establishing a working relationship.  Most people have preferences.  Ask them what they prefer and work to return communication within 15 minutes if possible or at your earliest convenience.

how2arizona real estate LLC requires the agent’s phone number an signs, websites, ads, etc.  We want you to be able to go straight to the agent for information.  If you cannot reach the agent, call Kathy Howe 928-274-4088.  As broker, I can assure you that you will get a call back within 24 hours…My message is changed every day to let you know what I have on my agenda, and when I might be free to speak with you.  Like most agents, the more detailed a message, the easier it is for me to have the information for you when I return your call, text, or email.

24 hours

When you have a question, it can seem like an eternity!!

Kathy Howe, owner/broker

• how2arizona real estate LLC
• 928-274-4088
• kathy@kathyhowe.com

Proud Uptown Resident

24 Hours

189 Ridge Rock Rd, Sedona, AZ 86351

Sedona Golf Resort

• 2594 sqft
• 3 bedrooms
• 3 baths
• Reduced to $525,000

Gently used (1 week a year)

MUST SEE! Is a second home…Numnerous upgrades: including plantation shutters in all rooms, celing fans in bedrooms, raised vanities in all three bathrooms, pre-wired sterio speakers in living room, dining/kitchen master bedroom,and rear patio. Gas fireplace insert, chandelier in dining room and matching pendant lights in kitchen and hall. Granite island in kitchen,upgraded cabinets. upgraded coriancoundtertops with tumbled stone backsplash. 4′ extension of 3 car garage, 70 gallon hot water heater plus instant heat pump. Large covered pation. Hilton spa discount and special golf rate. Within walking distance of golf, spa, bank, geocery store, post office and other business outlets.

Furniture & artwork available under separate agreement

Sedona Golf Resort

The Sedona Golf Resort is just off SR179, minutes off I-17.

1-2 hours from greater Phoenix.  An hour from Flagstaff.  Escape the snow of Flag and enjoy golf and good times at the Sedona Golf Resort.

The Sedona Golf Resort is on SR179, south of Sedona, located in the Village of Oak Creek.  A resort community for those who want the conveniences of big, medium, or small cities at hand, but private enough to enjoy the upscale resort living of golf, home dinner parties, exclusive vistas and views…  the Sedona Golf Resort offers all of this and more.

Bert Berkshire (Agent and lives across street)  928-300-3523

sedonabert@msn.com

Sedona Golf Resort