When living in a community with a homeowners’ association(HOA), homeowners may need to abide by restrictions on what they can and cannotdo to the exterior of their homes. These rules are often in place to preservecommunity aesthetics. If a homeowner refuses to abide by these rules, the HOAmay take legal action with help from a lawyer.
HOA covenants, conditions, and restrictions impose certainrules about how homeowners in the community may modify the exterior of theirhomes. These rules are usually very reasonable and apply to things likechoosing paint colors or starting home renovation projects. If homeowners breakthe rules, the HOA can hire a lawyer to help enforce them. If the homeownerstill refuses to comply, the lawyer can take legal action, such as filing aninjunction, to stop the unauthorized modifications.
Ask our lawyers for exterior modification without HOAapproval for a private legal review when you call Halk, Oetinger, and Brown at (602)759-9205.
How Do HOA CovenantsGovern Exterior Modifications in Arizona?
A significant aspect of many HOAs is regulating howhomeowners may modify the exterior of their homes. These rules are oftendesigned to preserve a specific community aesthetic, and a lawyer is sometimesnecessary to ensure compliance.
Requirements forPre-Approval
Homeowners need approval from the HOA before beginningcertain modifications. These approvals may range from something as minimal aschanging the paint color of the front of your home to major renovations orconstruction projects.
Typically, homeowners must inform the HOA of their intent tomodify their home's exterior and what those modifications include. If themodifications are within the pre-approved specifications set forth in the HOAcovenants, the homeowner may proceed. If they are not, the HOA may inform thehomeowner how to change their plans to comply with the HOA’s rules.
Modifications Rules
Covenants, conditions, and restrictions regardingmodifications to a home’s exterior typically apply to the street-facing side ofthe home and front yard. In many communities, homeowners are free to altertheir backyards as they wish, and interiors are usually not regulated by anHOA.
Homeowners must seek pre-approval from the HOA for thingslike new construction or additions to the home, renovations of the home’sexterior (e.g., adding windows, changing the siding, building a porch), andcosmetic changes, including paint colors and yard work.
Scope of Authority
If homeowners dispute how much authority the HOA has overexterior modifications of their homes, it may be wise to have a lawyer reviewthe HOA’s covenants, conditions, and restrictions. If they seem a bit toooverreaching, it might be time to alter them. Otherwise, an attorney can helpyou enforce the rules.
HOAs may have authority over new modifications to a home’sexterior, but not existing exteriors. For example, if the HOA passes a ruleallowing homeowners to paint their homes only blue, white, or yellow, the HOAcannot force a homeowner whose home was green prior to the rule to change thecolor. Usually, there is no retroactive enforcement.
How Can a Lawyer HelpYou Enforce HOA Rules regarding Exterior Modifications
If homeowners within your community seek to modify theexterior of their homes or want to challenge the rules, you should review thesituation with the HOA’s lawyer as soon as possible.
Notice to the Homeowner
First, an attorney may help you notify the homeowner thattheir modifications are not permitted under the HOA’s rules. If the homeownerhas already begun making modifications, your lawyer can send a cease-and-desistletter. If the homeowner ignores the letter, further legal action may benecessary.
Injunctions
Your lawyer may help you file an injunction regarding ahomeowner’s modifications to their home’s exterior. An injunction is a courtorder that requires a person to do or refrain from doing something to avoid irreparableharm.
We may need to show that the homeowner’s modifications willdamage the community’s carefully curated aesthetic and affect the resale valueof homes in the neighborhood. If the homeowner continues despite theinjunction, the court may assess serious legal penalties.
What to Do if theHomeowner Ignores the HOA
If the homeowner continues with the modification despite noticeor even an injunction from the HOA, further legal action may be necessary. Ifthe modifications have already occurred, you may sue the homeowner for anydamages they caused to the community.
It may be necessary to act quickly. If our lawyers forexterior modifications without HOA approval can file a case before thehomeowner makes any significant progress on unauthorized modifications, we maybe able to prevent them.
FAQs About HOA Approvalfor Exterior Modifications in Arizona
Can an HOA Govern HowHomeowners 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 theexterior of their homes. This is usually done to protect community aesthetics,and most HOAs enforce reasonable restrictions.
Do You Need a Lawyer ifa Homeowner Makes Exterior Modifications in Violation of HOA Rules?
Yes. Your HOA’s attorney can review the association's rulesto determine whether they are valid and enforceable, and whether the homeowneris in violation. If they are, your lawyer should manage the dispute and handleall contact with the homeowner, including serving cease-and-desist letters.
How Can a Lawyer HelpYou Enforce HOA Rules About Exterior Modifications?
An attorney can help you contact the homeowner and giveformal notice that their modifications are in violation of the HOA’s rules. Ifthe homeowner continues, your lawyer can try to file for an injunction to stopthe modifications or even file a lawsuit.
What Should You Do if aHomeowner Has Modified Their Home’s Exterior Without HOA Approval?
If the homeowner has already performed significant work on aplanned modification project, or if they have completed work on the project,your attorney may need to take more severe legal action. In such cases, alawsuit may be necessary, and the homeowner has violated the rules, damaged thecommunity’s aesthetic, and the changes cannot simply be undone.
Can You Sue if aHomeowner Modifies the Exterior of Their Home in Violation of HOA Rules?
Yes. Modifications that do not comply with the HOA’s rulescan damage the community's carefully curated aesthetics and affect propertyvalues. In some cases, reckless construction work can cause real damage tocommunity property, including roads, sidewalks, and nearby community amenities.In such cases, the HOA may sue for damages.
Get Help Now from OurArizona Attorneys for Exterior Modifications Without HOA Approval
Ask our lawyers for exterior modification without HOAapproval for a private legal review when you call Halk, Oetinger, and Brown at (602)759-9205.
