Whose wall is it anyway? Every Phoenix homeowner should know.

Tree fell on  wallOr you can wait for a Phoenix Monsoon storm to find out!

The recent string of Monsoon storms has demonstrated the power of mother nature and the destructive effects of high winds that accompany those storms. The result of the Monsoon storm that came through Phoenix on the last day of August left over 55,000 residents without power, closed highways, and snapped power lines. Over an inch of rain fell in some parts of the valley.  Rain in Phoenix is always welcome, but this  came at a price.  A common site in many valley neighborhoods was fallen trees. If one of these trees falls on a wall, who is responsible to repair the wall?

 

In case your wall is damaged in a storm, who is responsible?

El Dorado  Lakes Toppled Wall

It really never occurred to me to look into this until I was on my way home and  notice that fallen trees had crushed many of the common walls throughout the subdivision. Besides the damage causes by the falling trees, the winds alone that were said to have reached up to 60 mph toppled a few stand alone walls.  Then the question became, “who is responsible to fix these walls?”

A quick call to the HOA and a review of the  CC&R’s will give you the answer. If the wall  is between two neighbors that share a wall, they share the cost 50/50.  When  the wall is between a common area and a homeowner, it is still a 50/50 split, but now it is shared equally between the homeowner and the HOA.  The exception to this  is if the damage was caused by one of the lot owners, then it is their sole responsibility.Fallen tree on McQueen

Remember when you bought your  house? This was spelled out in legal language in the subdivision CC&R’s which stands for conditions, covenants, and restrictions.  Few perspective owners read this document unless it is 1 a.m. and  they cannot fall asleep. Reading the CC&R’s in an attempt to fall asleep is more effective than Nyquil! Because they are that boring, but they do contain the conditions and covenants that every homeowner agrees to follow. The CC&R’s will most likely explain the responsibility with wording something like this, “party walls shall be maintained and repaired at the joint cost and expense of the adjoining lot owners, or of the adjoining lot owner and the association if the party wall divides a lot and common area.”

Reviewing the CC&R’s during the inspection period would be very beneficial if you are considering buying a home next to a common area to be aware of your responsibility for damage caused by a storm.

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4 beds, 2.5 baths
Home size: 3,350 sq ft
Lot Size: 8,712 sq ft
Added: 12/18/18, Last Updated: 12/19/18
Property Type: Single Family
MLS Number: 5858656
Community: CROSSINGS AT CROSSROADS UNIT 1
Tract: CROSSINGS AT CROSSROADS UNIT 1
Status: Active


Don't miss out on this fantastic 4 bedroom 2 1/2 bath home in Gilbert! This beautiful home is situated on a large cul de sac lot that sides and backs up to a green space and playground area. The large kitchen has matching stainless steel appliances and an island with seating area. Newly painted inside and out. The entire downstairs is tile and new carpet installed upstairs. The back yard features a sparkling pool, view fence and plenty of space for entertaining!

Listed with The Real Estate Firm


Brought to you by Gordon Baker, Remax Alliance Group. Call me today at 480-326-8571, or visit my website at www.myhomeinaz.com/!


$675,000 :: 2832 E KINGBIRD Court, Gilbert AZ, 85297

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3 beds, 3.5 baths
Home size: 3,401 sq ft
Lot Size: 19,602 sq ft
Added: 12/18/18, Last Updated: 12/19/18
Property Type: Single Family
MLS Number: 5858678
Community: STRATLAND SHADOWS
Tract: STRATLAND SHADOWS
Status: Active


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Listed with Revelation Real Estate


Brought to you by Gordon Baker, Remax Alliance Group. Call me today at 480-326-8571, or visit my website at www.myhomeinaz.com/!


$400,000 :: 4130 E ASPEN Way, Gilbert AZ, 85234

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5 beds, 3.5 baths
Home size: 2,753 sq ft
Lot Size: 10,890 sq ft
Added: 12/18/18, Last Updated: 12/18/18
Property Type: Single Family
MLS Number: 5858567
Community: SUPERSTITION HIGHLANDS
Tract: SUPERSTITION HIGHLANDS
Status: Active


It's a beautiful Saturday afternoon and your pool party is full swing. Children taking turns racing down the slide and feeling the waterfall on their faces from the grotto. You and your guest are thankful for the privacy of not having any homes looking into the yard. Refreshing beverages in hand the CornHole tournament is in full effect, 17-4 it doesn't look good for the blue team. The kitchen island is covered with delicious food and 1.5 bathrooms downstairs makes potty breaks for this many people a breeze. Your guest comment on the curved staircase that welcomed them in and the tall ceilings that add that special cachet. You're thankful for the 3 car garage to store all of your personal items out of sight. After the party you relax on your patio and smile - in love with your new home.

Listed with Revelation Real Estate


Brought to you by Gordon Baker, Remax Alliance Group. Call me today at 480-326-8571, or visit my website at www.myhomeinaz.com/!


$529,000 :: 335 E JOSEPH Way, Gilbert AZ, 85295

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5 beds, 4 baths
Home size: 4,119 sq ft
Lot Size: 10,890 sq ft
Added: 12/18/18, Last Updated: 12/18/18
Property Type: Single Family
MLS Number: 5858608
Community: ALLEN RANCH PARCELS 1 2 3 & 4
Tract: ALLEN RANCH PARCELS 1 2 3 & 4
Status: Active


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Listed with Re/Max Infinity


Brought to you by Gordon Baker, Remax Alliance Group. Call me today at 480-326-8571, or visit my website at www.myhomeinaz.com/!


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6 beds, 3.5 baths
Home size: 5,637 sq ft
Lot Size: 11,761 sq ft
Added: 11/30/18, Last Updated: 12/18/18
Property Type: Single Family
MLS Number: 5852374
Community: HIGLEY MANOR
Tract: HIGLEY MANOR
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Status: Active


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Listed with Keller Williams Realty Phoenix


Brought to you by Gordon Baker, Remax Alliance Group. Call me today at 480-326-8571, or visit my website at www.myhomeinaz.com/!


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4 beds, 3 baths
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Lot Size: 7,405 sq ft
Added: 11/14/18, Last Updated: 12/18/18
Property Type: Single Family
MLS Number: 5846886
Community: GREENFIELD LAKES
Tract: GREENFIELD LAKES
The price of this listing was last reduced on 12/18/2018 by 0%
Status: Active


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Listed with OfferPad


Brought to you by Gordon Baker, Remax Alliance Group. Call me today at 480-326-8571, or visit my website at www.myhomeinaz.com/!


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4 beds, 3.5 baths
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Added: 05/15/18, Last Updated: 12/18/18
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MLS Number: 5766386
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Tract: YELLOW ROSE RANCH AMD
The price of this listing was last reduced on 12/18/2018 by 1%
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Listed with Network Realty


Brought to you by Gordon Baker, Remax Alliance Group. Call me today at 480-326-8571, or visit my website at www.myhomeinaz.com/!


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5 beds, 3.5 baths
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Tract: ASHLAND RANCH
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Brought to you by Gordon Baker, Remax Alliance Group. Call me today at 480-326-8571, or visit my website at www.myhomeinaz.com/!


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5 beds, 5 baths
Home size: 4,420 sq ft
Lot Size: 20,473 sq ft
Added: 10/19/18, Last Updated: 12/17/18
Property Type: Single Family
MLS Number: 5836078
Community: TH RANCH
Tract: TH RANCH
The price of this listing was last reduced on 12/17/2018 by 5%
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Listed with Russ Lyon Sotheby's International Realty


Brought to you by Gordon Baker, Remax Alliance Group. Call me today at 480-326-8571, or visit my website at www.myhomeinaz.com/!


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4 beds, 2 baths
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Lot Size: 10,018 sq ft
Added: 11/02/18, Last Updated: 12/17/18
Property Type: Single Family
MLS Number: 5841694
Community: HIGLEY GROVES WEST
Tract: HIGLEY GROVES WEST
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Listed with RE/MAX Solutions


Brought to you by Gordon Baker, Remax Alliance Group. Call me today at 480-326-8571, or visit my website at www.myhomeinaz.com/!


 

 

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