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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111567
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I own a condo that I rent out in an HOA located in Scottsdale,

Customer Question

I own a condo that I rent out in an HOA located in Scottsdale, Az. I decided to sell the unit in which case I was going to replace the flooring, cabinets, fixtures, and paint. A complete demo and remodel without cutting into or removing any walls, ceilings and floors. I started the demo on Feb 30th (I was in Cancun, Mexico at the time) and received a phone call from the HOA saying I needed permission to do an R&R inside my condo. I stopped the job and turned the application immediately. When I got back i called and talked to them to follow up. I heard no more from then to date except for a notification that I have been fined $500 and the letter referanced Article VII, 7.01, h. There is nothing in there saying that I am required to notify unless I am changing the electric usage or structural integrity of the building. They did not follow the warning and fining procedure. I have a meeting on Tuesday. I was told by the HOA president where I live that there is a cap of how much they can fine and they must follow the procedure. Do bylaws supersede CC&R's
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The bylaws do not supersede the CC&R, they are designed to work together and they are read together. Unless the CC&R state that the members cannot make or change rules, then rules can be made by the HOA and put into the bylaws. If the bylaws conflict with the CC&R, then the courts look to the CC&R which are the original controlling documents of the HOA. A bylaw can have a rule stronger or more strict than what is in the CC&R, but the bylaws cannot waive or make a rule less restrictive than is in the CC&R. So you need to read them together to see what they are doing when read together. If the bylaw makes the CC&R less restrictive it is not valid, if the bylaw makes the CC&R more restrictive then they can do so. The CC&R sets the minimum standard to be followed, the HOA can pass bylaws to exceed that minimum standard.
Customer: replied 7 months ago.
If it is not in the cc&r's or bylaws can a archetectual review board dictate anything they want and make changes to the rules at will.
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
No the Architectural Board cannot just make up whatever they want, there has to be some authority for it in the CC&R or Bylaws for them to do anything at all, regardless what members of many of these architectural boards who consider themselves dictators may want to think or believe. You can actually sue the board members personally if they are acting without an authority under the CC&R or bylaws and seek personal damages from them.

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