AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice. Logged in as wriccio00@gmail.com

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Latent defect or out of luck?

We built a new house in 2017. The builder offered pools as part of the construction process. The town missed ensuring the properties were compliant with pool barrier ordinances for homes specifically on common areas that had view fencing. Our was caught after they approved our pool and on the final town inspection due to a decorate block on the exterior of the wall. The inspector missed it, the town missed it, and the hoa doesn’t want to allow us to modify the wall to come into compliance. They won’t meet with us and the town and their only replies are threats and I reasonable times for action – 10 days. We don’t feel the requests to remove the modifications or construct a wall and submit for an additional wall/fence within my property perimeter are not fair requests due to other structures they approved now in the way and loss of part of our yard. We are of the opinion this is a latent defect that was discovered after the fact and we would like to formally request the HOA and all applicable parties to schedule a board meeting, specifically to discuss this situation. Should this be an issue between the builder, hoa and town or is it our problem to remedy? All 3 other common area lots are out of compliance, except for ours. Builder won’t reply, the declarant won’t reply, the town has tried to influence the resolution, and we are not getting anywhere.

1 Response

  1. dennisl

    Melanie;

    What a mess. I’m assuming that the developer still has control of the association. The city is the true power in this situation. I would request a meeting with the supervisor of the code enforcement office of your city. Bring pictures of the situation and the neighboring lots. This should be an issue between the City, HOA and Developer. The HOA and builder are essentially the same because the developer appoints the HOA board and their job is to protect the developer not to represent you or any other occupant of the community. The city has the power to stop all further building by the developer until he complies with city ordinances. The board is trying to get you to fix the issue so that it goes away, you cannot let them scare you into action you do not want. Do not let up on the city until they step up to the plate and force the developer to fix the code violation issues. This is a safety issue for you and any children that use the pools in this community. You bought a home that you reasonably believed would comply with all city codes and ordinances. Yours does not and you have every right to expect the builder to fix and address the issue, including the option of suing the builder or filing a complaint with the Registrar of Contractors. I’m assuming that the developer does not want bad publicity that may prevent him from selling other homes in the community. You also have the press and people like Joe Ducey “Let Joe Know” from channel 15. You would be amazed what Joe can do when he shows up with his camera crew at the front door of the developer, asking why he refuses to build his home in this community in compliance with city codes and ordinances?
    Dennis

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