Plat Map of Planned Community Altered by Homeowners, yard now a 6-car guest parking pad
Thanks you Dennis, and to the talented volunteers for all of your hard work on the legislative guidance this session. You are inspirational despite the disappointing conduct of elected committee chairs. I have several posts trying to address the decline of appearance and standards in my planned community. Single family homes are being converted to rentals with parking problems and trash accumulation. Two neighbors recently paved over their front yard connecting the driveways with brick pavers so that the entire front is now a large guest parking pad. They object to using the guest parking pads that were planned in to the plat just around the corner. I feel the modification has negatively impacted my lot’s value. My view is now a guest parking lot with the associated vehicle exhaust and clutter. I filed a Code Violation with the City of Tucson and have heard nothing. Of course, the management company is taking no action. Is there any other pathway to having this unapproved modification evaluated for impact on neighboring home value?
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Lora,
The first question to ask is are there any restrictions in the associations governing documents relative to this front yard conversion? Was the project submitted to the Architectural Review committee and did that committee approve the change. These are the important first questions. It is unlikely that city code enforcement would do anything in a planned community with recorded covenants unless a specific code was being violated. The city does not care about aesthetics, but the association should.
Property value depreciation would be a very difficult issue to argue in court because it is so subjective and personal. Someone could pay your asking price for your home with or without this issue and yet someone could walk away from any offer on your home based on this same issue. Unless it actually happened any argument on devaluation would be speculative and opinion, and carry very little weight in court.
Dennis