AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.
azhoatruth@gmail.com
Login

CC&R Violation Question

My HOA sent me an Intent to Fine letter stating I must paint my house. After painting my house, they are fining me for not receiving proper approval to paint my house. The CC&R’s state I must get proper written approval prior to making any architectural changes but doesn’t specify what that means so I assumed the intent to fine letter was it. Now they are being completely unreasonable stating I didn’t use an approved color scheme when I used one they gave me. Where can I get help dealing with this?

1 Response

  1. DennisL

    Matthew,

    What was the justification from the association for the need to paint your house? Was an approved paint palette provided to homeowners in writing? When did you and from whom did you receive the color scheme from which you painted your house? You have the right to contest any decision from the design review committee directly to the board of directors. Do that in writing right away, and specifically ask for that hearing to be held in an open meeting of the board. The board has an obligation to treat all members fairly and to act reasonably in the exercise of discretional power of rulemaking and enforcement. Get the facts together and make the arguments to the board directly. If they refuse to consider your argument, get an attorney and sue them in Superior court for unfair and unreasonable enforcement of association rules and fines. The relevant case precedent is Tierra Rancho v Kirchukuv.
    Dennis

Leave a Reply