Board Enforcing Rules on only a selected Few - AZ

Started by ChrisH12 • 2 replies • 1565 views

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ChrisH12 (Arizona)
Posts: 1

Posted:

Nice message board. I have been reading threads for the past couple hours.

I have been fined and taken to court on a patio I built. This is my first house and didnt't read the rules (CCR's).

I saw serveral flat roof patios in the HOA, so I thought it would be OK if I built them just like that.

A) I was in the wrong not to submit and get approval first.

I tried to submit afterwards and they denined it. I asked how others got approved and was told they don't discuss other people business to/with others.

The patio is down, and I'm out thousands of dollars. Fines, courst costs, material, labor...

So the questions is, can the HOA select who they enforce the rules to? The rules for NO FLAT roff patios have always been in the CCR's. How can someone else be allowed to build and not me?

Do I stand a chance getting my money back?

BrianB (California)
Posts: 2,820

Posted:

No, they cannot selectively enforce the rules. However, there are a lot of reasons why things can appear to be selective enforcement, and you will have to do some homework to discover the answers.
1) favoritism. Despite being the wrong thing to do, it can/is be done.
2) Other owners had their patios done under different rules (prior rules/grandfather clauses).
3) Other owners may have done their patios properly, with permission first, building second. Now that you broke the rule, the board is not inclined to offer permission. their choice to do business this way.
4) the other units may have been built that way by the builder, and thus, permitted/allowed before the HOA was turned over
5) the other units may be different in ways you don't know yet, and thus, allowable, while yours is not (ie, property size, facing, attached/not attached, etc.
6) the other properties may have different deed restrictions set with the land.

So, while the board won't say why Mr A gets a patio and you don't, there's nothing stopping you from asking Mr A how he got his patio yourself.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Chris,

You hit the issue on the head when you posted that the deed restrictions said no flat roofs.

Depending on the Association, some will stick to their governing documents and force the issue and some will be willing to work with you. You had a board not willing to work with you. Had you found this site earlier, I would have suggested modifying the roof of the patio and submit those plans as a compromise.

Why others got them approved, you can always knock on the doors and ask the owners.

Since you should have been aware of the rules in the deed restrictions, I don't see how you could win a legal action requesting money back. You could force the Association to enforce the rules on others with a legal action. Depending on the specific details surrounding the other roofs (and how long they have been up) you may or may not succeed. Of course this still won't get you your patio roof and I doubt you will be making friends with those who have the flat roofs.

Tim

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