When living in a community with a homeowners’ association(HOA), homeowners may need to abide by restrictions on what they can and cannot do to the exterior of their homes. These rules are often in place to preserve community aesthetics. If a homeowner refuses to abide by these rules, the HOA may take legal action with help from a lawyer.
HOA covenants, conditions, and restrictions impose certain rules about how homeowners in the community may modify the exterior of their homes. These rules are usually very reasonable and apply to things like choosing paint colors or starting home renovation projects. If homeowners break the rules, the HOA can hire a lawyer to help enforce them. If the homeowner still refuses to comply, the lawyer can take legal action, such as filing an injunction, to stop the unauthorized modifications.
Ask our lawyers for exterior modification without HOA approval for a private legal review when you call Halk, Oetinger, and Brown at (602)759-9205.
How Do HOA Covenants Govern Exterior Modifications in Arizona?
A significant aspect of many HOAs is regulating how homeowners may modify the exterior of their homes. These rules are often designed to preserve a specific community aesthetic, and a lawyer is sometimes necessary to ensure compliance.
Requirements for Pre-Approval
Homeowners need approval from the HOA before beginning certain modifications. These approvals may range from something as minimal as changing the paint color of the front of your home to major renovations or construction projects.
Typically, homeowners must inform the HOA of their intent to modify their home’s exterior and what those modifications include. If the modifications are within the pre-approved specifications set forth in the HOA covenants, the homeowner may proceed. If they are not, the HOA may inform the homeowner how to change their plans to comply with the HOA’s rules.
Modifications Rules
Covenants, conditions, and restrictions regarding modifications to a home’s exterior typically apply to the street-facing side of the home and front yard. In many communities, homeowners are free to alter their backyards as they wish, and interiors are usually not regulated by an HOA.
Homeowners must seek pre-approval from the HOA for things like new construction or additions to the home, renovations of the home’s exterior (e.g., adding windows, changing the siding, building a porch), and cosmetic changes, including paint colors and yard work.
Scope of Authority
If homeowners dispute how much authority the HOA has over exterior modifications of their homes, it may be wise to have a lawyer review the HOA’s covenants, conditions, and restrictions. If they seem a bit too overreaching, it might be time to alter them. Otherwise, an attorney can help you enforce the rules.
HOAs may have authority over new modifications to a home’s exterior, but not existing exteriors. For example, if the HOA passes a rule allowing homeowners to paint their homes only blue, white, or yellow, the HOA cannot force a homeowner whose home was green prior to the rule to change the color. Usually, there is no retroactive enforcement.
How Can a Lawyer Help You Enforce HOA Rules regarding Exterior Modifications
If homeowners within your community seek to modify the exterior of their homes or want to challenge the rules, you should review the situation with the HOA’s lawyer as soon as possible.
Notice to the Homeowner
First, an attorney may help you notify the homeowner that their modifications are not permitted under the HOA’s rules. If the homeowner has already begun making modifications, your lawyer can send a cease-and-desist letter. If the homeowner ignores the letter, further legal action may be necessary.
Injunctions
Your lawyer may help you file an injunction regarding a homeowner’s modifications to their home’s exterior. An injunction is a court order that requires a person to do or refrain from doing something to avoid irreparable harm.
We may need to show that the homeowner’s modifications will damage the community’s carefully curated aesthetic and affect the resale value of homes in the neighborhood. If the homeowner continues despite the injunction, the court may assess serious legal penalties.
What to Do if the Homeowner Ignores the HOA
If the homeowner continues with the modification despite notice or even an injunction from the HOA, further legal action may be necessary. If the modifications have already occurred, you may sue the homeowner for any damages they caused to the community.
It may be necessary to act quickly. If our lawyers for exterior modifications without HOA approval can file a case before the homeowner makes any significant progress on unauthorized modifications, we maybe able to prevent them.
FAQs About HOA Approval for Exterior Modifications in Arizona
Can an HOA Govern How Homeowners Can Make Changes to their Homes’ Exteriors?
Yes. Many HOAs throughout Arizona have covenants, conditions, and restrictions in place that limit how homeowners may alter the exterior of their homes. This is usually done to protect community aesthetics, and most HOAs enforce reasonable restrictions.
Do You Need a Lawyer if a Homeowner Makes Exterior Modifications in Violation of HOA Rules?
Yes. Your HOA’s attorney can review the association’s rules to determine whether they are valid and enforceable, and whether the homeowner is in violation. If they are, your lawyer should manage the dispute and handle all contact with the homeowner, including serving cease-and-desist letters.
How Can a Lawyer Help You Enforce HOA Rules About Exterior Modifications?
An attorney can help you contact the homeowner and give formal notice that their modifications are in violation of the HOA’s rules. If the homeowner continues, your lawyer can try to file for an injunction to stop the modifications or even file a lawsuit.
What Should You Do if a Homeowner Has Modified Their Home’s Exterior Without HOA Approval?
If the homeowner has already performed significant work on a planned modification project, or if they have completed work on the project, your attorney may need to take more severe legal action. In such cases, a lawsuit may be necessary, and the homeowner has violated the rules, damaged the community’s aesthetic, and the changes cannot simply be undone.
Can You Sue if a Homeowner Modifies the Exterior of Their Home in Violation of HOA Rules?
Yes. Modifications that do not comply with the HOA’s rules can damage the community’s carefully curated aesthetics and affect property values. In some cases, reckless construction work can cause real damage to community property, including roads, sidewalks, and nearby community amenities. In such cases, the HOA may sue for damages.
Get Help Now from Our Arizona Attorneys for Exterior Modifications Without HOA Approval
Ask our lawyers for exterior modification without HOA approval for a private legal review when you call Halk, Oetinger, and Brown at (602)759-9205.
