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CarolynP2 (Arizona)
Posts: 16
Posted:
I have just found out that our board added a caveat to the repair of our tennis court surface which was previously approved by he board and commnicated to homeowners. I live behind the tennis court. I have a beautiful view of a mountain, above the court fence and actually through the chain link fence. I live in Arizona, bought my house last year because it had mountain views, which are coveted in Scottsdale. The board voted to build a concrete practice wall on the side of the court, spending an additional $4000 on a $43.000 bill, thereby blocking my view of the mountain which currently exists.
I live in a condo, HOA community. I have looked at my documents, however they are confusing.
I have already written them asking for specifics as to height, width, etc. but to my knowledge it would be the entire height of the court fence!! I have requested why this addition has now become part of the repair.
Clearly, aside from the pleasure of the view for me, I believe this action would negatively affect the value of my house significantly. I have also communicated my concern about my properly value.
I have heard of the power of HOAs but can they impose a structure that impacts me in this way?
As a side note, I have played in several tennis clubs in Scottsdale, and none of them have a huge cement practice wall! This certainly does not belong in a small neighborhood with confined space. It will be ugly and erroneous. And only one or two people play tennis on our court. I have lived here for nearly a year and have heard people playing just a few times.
Do I Need a lawyer?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Carolyn,

Since you find the documents confusing, and since you asked, I would encourage you to obtain the services of an attorney.

Typically, the Association may do what they desire with the common area.

The reason for the attorney is to obtain an injunction to stop the work before it starts and allow time for a compromise.
CarolynP2 (Arizona)
Posts: 16
Posted:
Thank you, Tim. Not the answer I wanted, but I appreciate your help.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I understand you issue fully. Having been raised in AZ, I know the mountains you are likely looking at.

CarolynP2 (Arizona)
Posts: 16
Posted:
Tim, I thought I made a good decision, buying my house, now I'm so disappointed. I really don't like these people. I got elected to the board and I had to resign. Lies, secrets, no regard for Hoa principles or statutes. I was only one vote. Hard to be effective.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Hard but not impossible.

When I was elected to the Board, I too was only one vote. Slowly, I was able to explain how decisions violated statute or governing documents. Because I was on the Board, I could make these explanations prior to the vote taking place. Votes didn't always go my way. However, over time, I was able to make a difference.
CarolynP2 (Arizona)
Posts: 16
Posted:
I totally admire that you were able to do that. I just couldn't handle the lies, and feeling left out and blindsided. I asked our president to my home and I began to try to talk to her about the Importance of documents, protocol, statutes, transparancy, consistency, communication....I have been a business person, and on several boards before. So, I thought we could get down to basics...but she threw her hands in the air and basically said,what are you talking about....so her attitude plus 3 prevails. It's her show, party of four...she always says, "why are you always asking so many questions"? Haha.
CarolynP2 (Arizona)
Posts: 16
Posted:
I totally admire that you were able to do that. I just couldn't handle the lies, and feeling left out and blindsided. I asked our president to my home and I began to try to talk to her about the Importance of documents, protocol, statutes, transparancy, consistency, communication....I have been a business person, and on several boards before. So, I thought we could get down to basics...but she threw her hands in the air and basically said,what are you talking about....so her attitude plus 3 prevails. It's her show, party of four...she always says, "why are you always asking so many questions"? Haha.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Why would you want to live there? The BOD is hostile to you and is about to deprive you of the one thing you value most. Put the place on the market and move elsewhere. It is the quickest and least expensive remedy to the problem.

BTW, there have been about a billion lawsuits in Arizona where a party has paid a premium for a view lot only to have someone build something that obstructs the view. The courts consistently rule that there is no right to a view across someone else's property in the absence of some sort of agreement.

JeffT2 (Iowa)
Posts: 880
Posted:
Many documents have a limit on what the board can spend on improvements without a vote of the owners. Check your docs.

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