Terry
This is getting very close to legal advice so I’ll tread very carefully. If you do not get the ACH approval , and you proceed you will be doing that at great risk. Do not believe that the association and their money hungry attorneys will hesitate for one minute to sue you. If I were you if the association rejects your request. Get an attorney right away. A letter and threat from your attorney may be sufficient to have them change their mind on their totally arbitrary and caprious decision to not approve your plans without any specified violation of the governing documents . I have seen far too many cases were homeowners were forced by the courts to remove or substantially modify homes that were built without ACH approval. In this case a strong offense is the best defense.
Dennis

Hi Dennis
Thank you so much for all the time you take to help all of us living in an HOA.
Bente

Bente
No I do not know of specific cases where the association won a case against a homeowner. But the reality is the association does not have and seldom goes to court to apply fines or penalties. It would take a homeowner to sue the board based on fines or penalties that the board already applied to them. There have been and continue to be cases where homeowners sued the board for CC&R amendments dealing with short term rentals that were illegally implemented.
Dennis

Terry;
The restrictions to what you can build and what you cannot build must be specified in the community governing documents. If it is not restricted in the governing documents, which would include the CC&R’s and the ACH guidelines then the ACH has no authority to limit what you do. Especially if other houses have similar features even if they are different heights. For the association to restrict you from building this feature, there would have to be a specific height restriction in the governing documents. I’m assuming that what you said relative to the municipal code and the absence of restriction in the governing documents. If the association insist that you cannot build that feature their decision would be arbitrary and capricious and would never hold up in court.

If I were you I would insist that you be allowed to build your feature as planned.

Dennis

Hi again Dennis
Do you know of any cases where the HOA got a judgement against an owner for violating CC&R ‘s
retal policy, short term VRBO versus CC&R’s 12month lease.
Thx again for all your help
Bente

Hi again Dennis
Do you know of any case where the HOA has been successful in getting a judgement on a CC&R violation regarding a lease.

Thank you Dennis. This is what I have told the board of directors and the property management company, but you know what they are like. Very uninformed.
Thx again
Bente

Bente

The specific statute relative to liens for Condominiums is ARS 33-1256. And you are correct while the association has a statutory lien for assessment and does not require a judgement or to record that lien with the county, it must seek first a judgement and then record that lien for any fines, penalties or anything else that is not assessment based.

Short term rentals are a very large hot button in all these communities especially since a law passed in 2017 preventing any municipality to regulate or prohibit those rentals.

Dennis

Thank you once again for your prompt response. I support your efforts.

Kristi;

Unfortunately no. That process is only allowed to address alleged violation of the governing documents or the relevant state statutes.

It is understood that the association is responsible for the maintenance and upkeep of the common property but most governing documents do not mandate that responsibility or provide any details on what specifically is required to satisfy that responsibility. Remember all of these governing documents were written by attorneys to protect the interest of the developer and the association board as his successor. Everything is in generalities relative to the board but get much more specific when dealing on restriction of what any homeowner can do.
whether you attend board meeting or not has nothing to do with your rights as a homeowner and what you pay for every month in assessments. But to some extent if you want something to change than you need to get involved and go to board meeting and insist that the association live up to its fiduciary duty to the community and address all the common property that you described. Never ever do this alone. You will be simply categorized as a disgruntled individual and ignored or retaliated against. get a group of at least 5 other homeowners with the same concern as you have and go to a board meeting and ask that they deal with the issue, but if they do not then get a larger group together at the next board meeting and demand that they do something, or you will organize a petition to remove all of them from office and replace them that will actually do their job.

In these communities what you do not know will hurt you and what you do not try and fix will never get fixed on it own. If people want change they must become the catalyst for that change.

Dennis