JudithE1 (Arizona)
Posts: 21
Posts: 21
Posted:
There are mixed reviews re: Arizona State Statute 36-1681 passed in 1990, which requires residential communities to upgrade their fencing around pools if not compliant with new specifications. I live in a HOA Planned Community with two pools and fencing which were in place prior to 1990. No repairs or changes to the fencing since 1973. Fencing in excellent condition.
My question is...do we fall under the Grandfather Clause as each lot is individually owned and each has an interest in the common grounds.
What is confusing is the fence companies here in Phoenix, say we do not fall under the Grandfather exemption.
Any advice would be appreciated.
Thank you.
My question is...do we fall under the Grandfather Clause as each lot is individually owned and each has an interest in the common grounds.
What is confusing is the fence companies here in Phoenix, say we do not fall under the Grandfather exemption.
Any advice would be appreciated.
Thank you.