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Arizona real estate looking to buy a home with an HOA?

Ask the HOA Expert
Question: Our HOA board has decided to build a structure for storage of HOA files, extra siding and roofing materials in an open space behind several units. It will be a full garage-type building with electricity and a parking pad. Since those of us who selected our units did so in part because of the open space, we opposed it because we feel it would hurt the resale value of our units. Do boards typically have the authority to build structures?
Answer: It is not uncommon for HOAs to have or add a storage building for the uses you describe. Most boards have the authority to make such a decision unless the governing document require approval from the members. The kind of building you describe sounds like it will cost up to $10,000 as opposed to a storage shed that costs several thousand dollars. The cost alone might trigger a requirement for member approval.

Storage building placement should take into consideration curb appeal and impact on neighboring units. It typically is placed in an unobtrusive location. If there really isn't a location that would not impact neighboring units, the design and material should be harmonious with existing construction or be shielded by landscaping to minimize the impact.

Question: We are replacing our existing drip irrigation system with a sprinkler system but we are getting mixed reports on water savings. We have mostly flower beds and one small area of turf.

Answer: Drip systems use less water than sprinkler systems and work well in planting beds. You would need some kind of sprinklers for the turf unless you replace it with a drought tolerant ground cover. Include a rain override sensor regardless which system you pick so you are not wasting water.

Question: Our HOA board has enacted a skateboard ban from sidewalks and streets due to safety concerns. After notifying homeowners of the new rule and penalties, a small group hired a lawyer to fight it citing discrimination against families with children. (The rule describes a specific activity and does not target children.)

Other area HOAs have enacted similar bans but our attorney warns it could be a 50/50 chance of winning in court. I understand the risks and think we have a better chance than that of winning.

Answer: Skateboarding is not a suitable or safe activity for the street, parking lots or sidewalks and is commonly banned by city ordinance so the HOA has some powerful allies. And skateboarding is certainly not limited to children. Some of the most extreme and dangerous skateboarding is done by men in their twenties and older.

Your lawyer states the obvious: once a matter goes before a judge, it can go either way depending on how persuasive a particular argument is. But the reasons for this ban are reasonable and going to court is not cheap. Is this small group really willing to pay thousands of dollars to make its point? A threat to sue is not a reality. Until it becomes a reality, the board should enforce this rule. If a real lawsuit develops, the board can always negotiate some compromise.

Question: Our board is on a mission to enforce restrictions against junk vehicles and unkempt lots. Is it okay to take a photograph of the problem? We plan to use the photograph to help communicate the issue to the offending owners and to document it for the record.

Answer: Yes, date stamped photographs should be taken for the record and to communicate clear evidence of a problem that needs to be corrected. A picture is still worth a thousand words


Michael Pittman

             
www.ArizonasRealEstateGuy.com

Keller Williams Sonoran Living   
Realtor®
602-622-2776 Main           

Posted via email from Michael Pittman's POSTeroUS