Phoenix, AZ asked in Real Estate Law for Arizona

Q: The Board of Directors in my homeowner's association has only Board members from the builder.

The builder has very little input from the community and does what it wants including making the personalizing of ornamentation in owners back yard extremely unfair. This is a 55+ community and no one has complained about that violation notices until now. The development is over over 11 years old and has had multiple developers. What can be done by the homeowners to have the builder Board be more sensitive to the homeowners. The state we are in is Arizona. Lastly, how can a builder BOD be replaced legally in Arizona?

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

A: The answers to many of your questions should be in your Community's recorded Covenants, Conditions and Restrictions (CC&Rs). You should have been provided a copy by your title company when you purchased. If not, they can be obtained online from the County Recorder's office. The recording information should have been provided by your title company in the condition of title report.

If you still have questions that are not answered by the CC&Rs, I recommend consulting with a real estate attorney. Once your attorney knows all the facts and has access to the CC&Rs, he our she will be able to answer your questions and advise you.

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