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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33082
Experience:  12+ yrs. of experience including real estate law.
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In the State Of Arizona, laws governing HOA's, is there a

Customer Question

In the State Of Arizona, laws governing HOA's, is there a rule that the Board Of Directors of an HOA can change paint colors that have been in existence for ten years without getting a consensus from the homeowners? Should there be a vote from homeowners before the HOA can mandate such a change?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am an Arizona licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

There is no such rule. That is, Arizona law requires HOA's to be governed by a board of directors. The board of directors is required to follow the bylaws of the organization.

IF the bylaws prohibit this? If they bylaws require a consensus vote from the homeowners for such a change, then the consensus must be obtained. But if there is no requirement in the bylaws for such a consensus, Arizona law allows the directors to make such rules.

So take a hard look at the bylaws...that will determine if the directors can take this action or not

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that Arizona law prohibits this, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
I'm not sure you understand my questions the way I explained it. We have an HOA in my neighborhood of Maricopa County in Az. The Board of Directors decided without contacting the individual homeowners to change the paint colors that had been approved as late as summer of 2015. They have introduced new colors and only keeping 2 of the 9 previously approved for the past ten years. 80% of our community has already painted. Now we cannot paint the same color even though we have added decorative stone on the surfaces of our homes to match with the colors of paint we chose. The Hoa Board Of Directors have mandated that we follow their color choices.How can they do this without a majority of the homeowners voting on this change?In the laws governing HOA's in the state of Az., is there some type of wording that would make the Board get a majority of the homeowners approving this change before it could be in effect.
Customer: replied 1 year ago.
I had heard that an HOA could not make changes in retrospect that would have an effect on something that had already been approved.
Expert:  P. Simmons replied 1 year ago.

Again, this depends on your bylaws. MANY HOA's have bylaws that limit how changes, such as you are describing, can be made. Specifically, many HOA's will have provisions that require a majority or even a supermajority, approve changes that you are describing.

HOWEVER, there is no Arizona law requiring this.
It would come down to what your bylaws provide...if they require a consensus ? Then the board must meet that requirement.

If the bylaws are silent? Then the board can approve such a measure.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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