trying to replace tile roof with metal room CC&Rs nor rules and regs specify that the homes must match but specified that arc request must be approved. they are denying based on aesthetic or material not matching any other house. I spoke with the previous HOA board president and they said no one previously has tried to change the roofing material. the section provided for the denial after having to ask for futher clarification as the written denial on the arc form did not give specifics “(a) Control. the property is subject to architectural control as established by the Architectural Committee. No improvements, alterations, repairs, excavation,
grading, landscaping or other work which in any way alters the exterior appearance of any of the
Property, or the improvements thereon, from its natural or improved state existing on the
date this declaration was first recorded shall be made or done without prior written approval of the
Architectural Committee, except as otherwise expressly in this declaration . No building,
fence, wall, residence or other structure shall be eræted, maintained, improved,
alterui, or made without the prior written appmval of the Committæ. All subsequent
additions to or changes or alterations in any building, fence, wall or other structure, including
exterior color wheme, and all changes in the grade of Lots, shall be subject to the prior written
approval of the Architæ•tural Committæ No changes or deviations in or from the plans and
simifications onæ appmved by the Architectural Committee shall made without prior written
approval of the Architectural Committee.
Ihe Committæ shall issue its written decision under this
subsection 2(a) to Owner not more than thirty (30) days after the Owner’s written application
therefor. If the Architectural Committee shall to deliver its written decision to the applicant
Owner prior to expiration of such thirty (30) day the matter shall be deemed approved If a
matter is disapproved by the Committee, the Architectural Committee shall set forth
in a reasonably detailed writing the basis for its disapproval.” they did not even follow this last section as I had to ask multiple times via email to get the specific evidence to support their denial. this is only the most recent in a long list of difficulties this HOA has given me in improving my property over the last decade I have lived. Do i have grounds to file a motion with the AZ dept of RE dispute process as the CC$Rs/ R&R are written it does not specify material just that arc has to approve it and a denial based on aesthetics is not enough to deny the request from what I understand. I appreciate any guidance.