HOA Discrimination

So, what are you saying -- or asking, Sylvester?

Sylvester,

You can file a lawsuit against the HOA BOD for not following the CCRs. However, this will be a very costly endeavor for you and the burden of proof is on you. Just because something appears to not be inconformance to the rules doesn't mean it was approved illegally. If you are not a party to all the details you may not know exactly what happened. B/4 you embark on a costly court case make certain you can prove your allegations. And, I would leave discrimination out of it unless you have absolute proof of that too. One other thing to remember, although the legal fees you incur are your obligation, the BOD is covered by insurance to pay for their legal fees. If you win you "may" recover your legal fees and court costs; however, you may not; it's up to the judge to determine.

The second thing you can do is get a group of like-minded members together to confront the BOD and ask why these structures have been approved. As a member of the Architectural Committee you should be privy to all the paperwork being processed in conjunction with these requests. If you are being left out of the process you should ask why.

It sounds to me like it's time to change that covenant.

The board of directors clearly has no intention of ever following it.

As the "only" member of the Architectural Committee on the board, were I you I would also go about putting a specific approval process IN WRITING and making sure every board member had it.

I find it highly irregular and inappropriate for a board member, officer or otherwise, who is not on the Architectural Committee to be approving anyone's project approval requests, verbally, in writing or by way of smoke signals or morse code.

I would inform the person who started on the project to cease construction immediately until the issue is resolved.

It's time for you to step up to the plate to perform your duties on the board and Architectural Committee in order to maintain the integrity of your governing documents.

I fail to see what anyone's ethnicity has to do with lazy or weak boar leadership.

That applies to them, not you.

Many thanks for your inputs. I hope I dont bore you with the length of the Response. I am truly grateful for your inputs. Really awesome!

Heres is some additional information that may help clarify the existing CCR's that were recorded in Official Records of Maricopa County, Arizona 24 March 1987.The CCR's have not been ammended since recorded.

Article 1 Definitions
Section 1.1 "A/C "shall mean the committee created pursuant to Article VII (Arcitectural Control)hereof.

Section 1.2 " A/C"Rules " shall mean the rules adopted by the A/C Committee.

Section 1.3 "Articles" shall mean the Articles of Incorporation of the Association, as such may be ammended from time to time.

Section 1.9"Declaration" shall mean the covenats ,conditions and restrictions set forth in this document, as such may be ammended from time to time.

Section 1.15 "Visible from neighboring Property" shall mean, with respect to any given object, visible to a person six feet tall, standing on any part of neighboring property at an elevation no greater than the elevation of the base of the object being viewed.

Section 7.4 Architecture Committee Rules-The A/C may, from time to time and in its sole and absolute discretion , adopt , amend and repeal ,by unamious vote or written consent, rules and regulations, to be known as A/C Rules". Such Rules shall intrepret and implement this Declaration by setting forth the standards and procedures for A/C review and the guidelines for architectural design, placement of buildings, landscaping, color schemes, exteriors finishes and materials and similar features which are recommended for use within the Property.

Articl VIII use Restrictions -Single Family Residential Use.All lots shall be used , improved and devoted exclsiovely to single family residential use. No gainful occupation, profession, trade or other non-residential use shall be conducted theron. Nothing herin shall be deemed to prevent the leasing of any Lot with the improvements eheron to a single family from time to time by the Owner thereof, subject to all of the provisions of the Declaration. No structure whatever, other than one private garage, swimming pool or spa shall be erected, placed or permitted to remain on any Lot.

Sylvester,

From the info you've posted, IMO, the architectural committee has the resp. to approve or disapprove all requests. If the board is bypassing you and approving requests then they are operating outside the guidelines stated in the CCRs. Of course if you complain to them about this you may find yourself off the committee! As you know, all committee members serve at the pleasure of the BOD. But, if it were me, I would take the chance and let the BOD know that because I was given a job to do I think the board should let me do it. Most likely their only involvement would be if a member appealed a decision of the committee. Also, I do believe there should be more than one member on the committee. Out of curiousity, did you ask to be put on the committee or did they just appoint you out of the blue?

It's not uncommon for sheds to be no higher than the wall. In fact, many CCRs specifiy that. It appears that your CCRs are rather restrictive in only allowing a garage, swimming pool or spa. You mentioned structures being approved. Exactly what type structures are you talking about?

Sylvester,

Since you did not approve the request, did the member appeal to the BOD? That is the normal procedure in most assn's. When an appeal is made to the BOD, their decision is gospel.

You ask if your CCRs are still valid. Look at the article which addresses the "term"; your answer should lie therein. Most CCRs have a term of 20 yrs or so and are automatically renewable. Some need to be voted on to be renewed.