Most subdivisions in the Concho Valley area were subdivided before the days of planning and zoning in Arizona and Apache County. During this time developers would often place Covenants, Conditions, and Restrictions, also known more commonly as CC&Rs, on properties to guide growth and development. CC&Rs were more of a planning tool in areas where zoning was not yet common or adopted. These are deed restrictions that run with the land until otherwise amended or abolished.
In most situations, an HOA oversees enforcement of these restrictions, however, in Concho Valley these subdivisions for the most part do not have an HOA or POA (Property Owners Association) and so enforcement of CC&Rs are left to neighbors or other property owners. This means that if you have CC&Rs that prohibit putting a mobile home on the property and you do so anyways, a neighbor can sue you for violating those restrictions. Remember, the Community Development department will not get involved in such matters. CC&R disputes are civil between property owners and not the local, county, or state governments. Just because you may have obtained a permit according to county regulations and code does not mean you are not in violation of your subdivisions CC&Rs.
If your purchase land in Concho Valley, you should expect that there are CC&Rs on the property, even if they are not conveyed. These restrictions run with the land and can only be changed by a majority of property owners agreeing to such changes. This has occurred in Concho Valley Unit 1 where they were amended by the property owners. It can be expensive in some cases to contact all the property owners by mail, especially in subdivisions where there are hundreds of parcels.
You may call or visit to the Apache County Recorders Office with your subdivision name and they can search for these CC&Rs for you. Most are pretty simple: typical square minimum square footage, residential use, no debris, etc.
In most situations, an HOA oversees enforcement of these restrictions, however, in Concho Valley these subdivisions for the most part do not have an HOA or POA (Property Owners Association) and so enforcement of CC&Rs are left to neighbors or other property owners. This means that if you have CC&Rs that prohibit putting a mobile home on the property and you do so anyways, a neighbor can sue you for violating those restrictions. Remember, the Community Development department will not get involved in such matters. CC&R disputes are civil between property owners and not the local, county, or state governments. Just because you may have obtained a permit according to county regulations and code does not mean you are not in violation of your subdivisions CC&Rs.
If your purchase land in Concho Valley, you should expect that there are CC&Rs on the property, even if they are not conveyed. These restrictions run with the land and can only be changed by a majority of property owners agreeing to such changes. This has occurred in Concho Valley Unit 1 where they were amended by the property owners. It can be expensive in some cases to contact all the property owners by mail, especially in subdivisions where there are hundreds of parcels.
You may call or visit to the Apache County Recorders Office with your subdivision name and they can search for these CC&Rs for you. Most are pretty simple: typical square minimum square footage, residential use, no debris, etc.
