Work Around Design Review Committee
My HOA sent me enforcement action stating I had to appear before the DRC to install a 2×8 trellis in my backyard. The Civano design guidelines pre-approve the installation of a 2×8 trellis yet when I cited this reference in the information exchange period after receiving the notice, the board replied that they thought my trellis looked taller than 8 feet. What nonsense. The purchase invoice states the size of the trellis and the trellis is right here available for measurement. The board insisted I remove it. I established an account with Tucson city planning and development, and submitted an application for the trellis with them. I’m not going to waste my time arguing with the HOA. I plan to keep using city and county time and resources for my lot improvement applications. I am simply availing myself of resources available to taxpayers. Some lucky taxpayers do not live in planned communities and I see no reason why I should labor under the burden of incurring attorney fees in order to secure fair and reasonable consideration. One need only take a drive through my planned community to plainly see the disparity- that some homeowners are allowed all sorts of structures and embellishments, even violations on their lots. There is also a Board of Adjustment Variance available at the city level to address instances when property owners are deprived of privileges enjoyed by other property of the same classification in the same zoning district. I welcome comments from you Dennis, as well as from any of my fellow homeowners on this forum.
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Lora,
I agree with you completely and applaud your innovation, but the association has the contractual right to approve or disapprove any modification under current law. If the association is so stupid as to reject a modification because it looks bigger in defiance of physical reality, their decision can never be considered reasonable. Show them the spec sheet or product detail from wherever you bought it. Then ask whether they are willing to pay the $500 ADRE fee for being stupid, because they will lose any complaint filed with ADRE.
All associations have a duty to act reasonably in the application of their discretionary authority of design control, enforcement, or rule-making as established in Arizona Case Law.
Dennis
Thanks, Dennis. I did not know that the HOA has the right to disapprove a modification if city planning and development approved it. My neighbor, a retired construction contractor, applied to city P&D to widen his cement driveway by placing paver bricks to the side of the cement. There was some back & forth with the city, but his application was approved & installed without repercussions from the HOA. I want to be able to have a city approval in hand before any HOA interaction, but thanks to you I learned something and will be prepared if the HOA does try again to act unreasonably. The board runs up attorney fees like crazy, and of course they use homeowner money to pay for their unwillingness to even try and comply with the various guidance documents and laws. One homeowner, a real estate broker, prevailed in a lawsuit & we had to pay $300,000+ in damages to reimburse for unlawful fines plus costs. I applaud your efforts to educate board members. I know Civano is not the only HOA that runs up legal fees like mad, and since the cost does not seem to deter them, I am always looking for effective channels to enforce my rights. I appreciate you and this organization more than I can say.