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I have a gazebo in my back yard that the top is visible over…

I have a gazebo...

I have a gazebo in my back yard that the top is visible over the wall from the back. I have had the gazebo for over 10 years. It is a painted, wooden gazebo that had been kept in great condition. The top is a net. The “legs” are in cement, and vine plants are growing up and around it. I just received an HOA email that states the new rules are that all gazebo tops need to have tiles that match the house. This is an impossible feature on my gazebo - one of the highlights of my back yard. What do I do?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I just received the email (a generic HOA email sent to everyone) and the gazebo guideline change is only one small piece of the email. I just want to be proactive and make sure all is good. My gazebo is the pride of my backyard and a good addition.

Lawyer's Assistant: Where is the house located?

841 N Longmore St., Chandler, AZ 85224. My back yard has a wall that lines up with a city street outside our HOA.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of. Not sure what other information they may need.

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Answered in 3 hours by:
5/27/2018
WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,595
Experience: Experienced real estate lawyer and real estate broker.
Verified

Under Arizona law, the HOA can't change the regulations that affect existing structures like your gazebo. So, they can enforce this for new gazebos going in, but your existing one is grandfathered and they can't make you put tiles on the top retroactively.

Please rate five stars ***** by clicking on five stars ***** and press SEND.

A bonus is always appreciated after you rate.

Good luck to you. I wish you all the best.

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Customer reply replied 2 months ago
Thank you VERY much!!! Can you please give me direction about where in Arizona law this is so that I can give specifics to my HOA? Thank you!! I will happily give a ***** rating!
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,985
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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The Attorney you were working with opted out. I am an Arizona licensed Attorney. The site asked me to see if I could assist you.

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Depending on how your HOA governing documents are worded, you may be "grandfathered in". This means that because you were in compliance at the time you painted the top of your Gazebo you would still be in compliance today. HOWEVER, this is not automatic.

There is not one law that governa HOA's in Arizona.

These are all of the laws that govern HOA's in Arizona:

"Homeowner Associations are governed by a chain of governing documents and laws.

  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
  • The Bylaws are the rules for management and administration.
  • Resolutions are additional rules and regulations that the association may adopt.
  • Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.
  • Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.

Considerations:

  • State laws affecting Common Interest Communities vary widely.
  • Bills affecting Common Interest Communities are frequently being introduced in state legislatures and may be in different stages of consideration, approval, or enactment.
  • It is not uncommon to find conflicts within or between governing documents such as the covenants and the bylaws. There may also be conflicts between governing documents and statutes. When this occurs, attorneys must often consider applying Rules of Intepretation.
  • Because of the wide variance in state laws, constant changes and possible conflicts in governing documents or statutes, it is strongly recommended that association boards and members seek legal counsel and especially with firms that have expertise or strong practice experience in the area of Common Interest Community law. A good starting point is to check the HOA-USA Partner Directory for your respective state.

Arizona Laws:

  • Nonprofit Corporation Statutes generally apply to any incorporated Common Interest Community. In Arizona, look to the Arizona Nonprofit Corporation Act (A.R.S. 10-3101 et seq.) Title 10, Chapters 24-40
  • Arizona Revised Statutes, Title 33 - Property, Chapter 9 - Condominiums, Articles 1-4
  • Arizona Revised Statutes, Title 33 - Property, Chapter 16 - Planned Communities, Article 1" https://www.hoa-usa.com/statelaws/az.aspx

The requirements that you must follow are those contained in your HOA governing documents. The governing documents for this association are considered a contract between the owners and the HOA board.

In situations such as the one you describe the HOA must be reasonable in their expectation of all owner's complying with amendments and new rules.

If the cost to bring your Gazebo into compliance would cause you an unnecessary or undue hardship to you the board must take that into consideration. If you receive a violation notice for your Gazebo you would request a hearing. Your governing documents MUST set out the dispute resolution process for your HOA.

Do you have a copy of your HOA governing documents?

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Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund. Can you see the rating scale on your end at the top of the page, 5 stars?

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

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Customer reply replied 2 months ago
Thank you for jumping in and giving such detailed, good help.I am currently in Sweden getting ready to travel home. When I am in Boston tomorrow I will take time to look through stuff and leave positive rating. I will let you know if I have more questions.

It was my pleasure to assist you. Enjoy Sweden.

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,985
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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