Chandler, AZ asked in Real Estate Law for Arizona

Q: i recently erected a us flag on my property and received a notice I was not in compliance with the HOA.

I was unaware that I need the HOA's consent to do so. I am in non compliance because my flag pole is not one of the specified colors in the HOA guide....Black-Bronze-or dark gray. My pole is brushed aluminum. My home is white and the colors required by the HOA do not permit the pole to blend in with the surroundings. How can I petition the HOA and secondly can the HOA file a lien or other document against me if I remain in noncompliance?

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
Answered
  • Scottsdale, AZ
  • Licensed in Arizona

A: In most cases, you can appeal a non-compliance notice. Check your CC&R's for the procedure to do this. I recommend communicating promptly and attempting to work out a settlement. If this matter is not resolved, it is possible that you will be fined or sued by your HOA. Your CC&Rs as well as the rules and regulations of your HOA will also have information concerning your HOA's enforcement procedures.

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