Wilson v. Playa de Serrano
In Wilson v. Playa de Serrano, 211 Ariz. 511, 513, P 7, 123 P.3d 1148, 1150 (App. 2005), the relevant declaration of restrictions provided that an association would own and control the common areas and that the development was an "adult townhouse development." 211 Ariz. at 512, P 2, 123 P.3d at 1149.
The homeowners' association amended its bylaws to provide that it would be an age-restricted community, restricting occupancy to persons at least fifty-five years old. Id. at PP 2-4.
The main issue was whether the amended bylaws were sufficient to create an enforceable deed restriction imposing an age restriction. Id. at 513, P 6, 123 P.3d at 1150.
The court noted that, to impose a restriction on a lot owner regarding the use of his or her lot, the restriction must appear in the declaration. Id. at P 7.
The court determined that neither the association's board nor the owners in the community had the authority to restrict the occupancy in the subdivision to those age fifty-five and older because the declaration did not grant the board the power to impose such a restriction and because the declaration was limited to constructing, managing, and maintaining common areas. Id. at 513-14, PP 8-9, 123 P.3d at 1150-51.