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HOA authority in Phoenix, Az.

Discussion in 'Off Topic Threads' started by gun1357, Jul 29, 2012.

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  1. gun1357

    gun1357 Active Member

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    My daughter has a nice home in the South Mountain area. It is a gated community with a very active Board of Directors. They have decided that there should have been a gate installed between a property boundary wall and the house when the house was built. The house was built in 2005 and was purchased by my daughter in 2010. I can find nothing which would require such a gate. Supposedly, other homes have similar gateless boundary walls.

    A meeting with the Board of Directors was very one-sided. Is this a common situation in Arizona? Ron Renouf
     
  2. chiefjon

    chiefjon Active Member

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    Have the CC&Rs been reviewed? Seems like such a requirement would be listed therein. Secondly, who is going to be responsible for the expense? If the association is going to pay, they may be able to do it, pursuant to the CC&Rs.

    JON
     
  3. gun1357

    gun1357 Active Member

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    The restrictions say the homeowner has to pay for any work done. There isn't anything saying there has to be any gates, just has to be an approved plan. I don't know if the city might have plats or other drawings which could be used to show there was no gate required on the original approved plan. Ron
     
  4. dave-320c

    dave-320c Well-Known Member

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    Check with the City Planning and Building Departments to confirm approved plans for your tract.

    Dave
     
  5. gun1357

    gun1357 Active Member

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    The real hooker appears to be the fact that the official CC&R gives the HOA Board or Architectural Committee the power to upgrade the standards of the community and their findings cannot be challenged.

    We had some abussive HOAs in Texas and laws were changed to remove a lot of their teeth. Apparently this is not the case in Arizona. Ron
     
  6. dave-320c

    dave-320c Well-Known Member

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    Check with the City to see if the new gate has to be approved by the city commissions first; if so, you can speak to the issue and also appeal to the City Council.

    Dave
     
  7. W.P.T.

    W.P.T. TS Member

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    Contact the Arizona Realty Board of Commisioners and ask why it was not installed, if it was supposed to be installed when the house was built ... The Registrar of Contractors has a fund that they pay out if things were not done right in the first place ... Why, now all of a sudden do they want to enforce this if it was part of the original plans ..? You can challenge the Boards ruling and have them take you to court ... WPT ... (YAC) ...
     
  8. pdq

    pdq Member

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    Gun 1357:

    I'm currently on the Board of our HOA, serving as president. You state that your daughters by-laws allow the HOA Board or Architectural Committee to change the standards to upgrade the community. Here are a few suggestiosn.

    1. Have your daughter read them very carefully -- does the HOA/AC have unilateral authority to change the rules, or does it require a majority vote of residents?

    2. You mentioned other properties don't have gates -- enough to cause people to file a petition opposing it?

    3. In most communities, the HOA/AC members are volunteer position with elections annually. Consider having your daughter hold off, and then run for a position. If she and some of the other "gate" people get on, they can overturn the decision of those currently in charge.

    4. What happens if your daughter refuses? If nothing, tell her to ignore them. If they say they will put a lien on her house or something, I'd be inclined to contact a lawyer and threaten a lawsuit -- I'm sure they'll be able to conjure up a credible reason.

    Overall, it sounds like her community needs to do what we did. Namely, the original set of rules gave the Board unlimited power, but that was at a time when the Developer was building out the community and was "the Board" and needed that authority to be able to make changes if problems were found. Once the community was finished, those rules created so many problems that we re-wrote them creating a new set of By-Laws. Now, any changes to the By-Laws require approval by the residents with a 66% majority.

    Hope this helps,

    Pete
     
  9. gun1357

    gun1357 Active Member

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    The HOA President is a lawyer with a large staff. It looks like fighting is an uphill battle. I suspect there are other issues as the property management company that sent the Notice of Non-Compliance will not talk about it. They put us on hold until we hang up. I will be in Phoenix next week so I may try to arrange a meeting. I will also try to find a gate installation company. Anybody know of a good one? Ron
     
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