Legal Question in Real Estate Law in Arizona

Home Owners Association Headaches

I recently purchased a fixer upper house in a gated community. I have been informed by my "architectual committee" that the color of my chimney (pine green) does not "blend" with my surroundings (which is predominantly pine trees).

I believe the real problem is that I did not seek permission from the "committee prior to the new paint. There are no specified colors just the approval of the committee on any choice one makes.I live in a heavily wooded area and my house is virtually invisible to most neighbors. If I fight the ccandr's can I win. The color issue is rediculous because the color I choose was specifically picked to blend in. The average age of the committee is 68 and they believe they are gods,what should I do?


Asked on 7/17/99, 6:48 pm

1 Answer from Attorneys
Stuart Williams

Re: Home Owners Association Headaches

I think you probably would win, and you've probably identified the issue as one of self-importance.

But I'm not familiar with your state's local laws nor your condo's laws or rules. You might lose simply because you didn't follow a required procedure of submitting your color request in advance; a judge doesn't want to interfere with the local governance which you agreed to by buying the place with the deed references to the laws!

I'm not qualified to practice in your state and I don't know your local judges' practices, either, so don't rely on me, but I feel like I might win if it were my fight.

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Answered on 8/01/99, 1:03 pm


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