Question

Do I need HOA approval to replace an old structure (like a shed) that was approved years ago?

Short Answer

Yes. Prior approval of an original structure does not automatically apply to a replacement, especially if the location or condition changes.

Detailed Answer

Even if a structure was approved in the past, building a replacement is considered a new improvement or alteration. The ALJ found that despite having a shed approved in 2005, the homeowners were required to seek approval for the new shed, particularly because the governing documents stated that no improvements or alterations could be made without prior written approval.

Alj Quote

All subsequent additions to or changes or alterations in any building, fence, wall or other structure … shall be subject to the prior written approval of the Design Review Committee.

Legal Basis

CC&Rs Article 4, Section 4.1(a)

Topic Tags

• Architectural Review
• Improvements
• Grandfathering

Question

Is the HOA required to hold a 'final design approval meeting' for backyard projects like sheds?

Short Answer

No. The legal requirement for a design approval meeting applies only to the main residential structure.

Detailed Answer

The ALJ clarified that A.R.S. § 33-1817(B)(2)(b), which mandates a design approval meeting, is specific to the new construction or rebuild of the 'main residential structure.' It does not apply to ancillary structures like sheds.

Alj Quote

The Administrative Law Judge concludes that A.R.S. § 33-1817(B)(2)(b) contains a mandate for a “design approval” meeting in the circumstance of construction of a “main residential structure.” That was not the circumstance in this case.

Legal Basis

A.R.S. § 33-1817(B)(2)(b)

Topic Tags

• Meetings
• Statutory Interpretation
• Homeowner Rights

Question

Can I move an approved structure to a different location on my lot without new approval?

Short Answer

No. Moving a structure is considered a change that must adhere to current guidelines and receive approval.

Detailed Answer

The HOA successfully argued that an approval from 2005 was for a specific location and condition. Moving the structure constitutes a change that requires adherence to current guidelines.

Alj Quote

Again, the shed that was approved in 2005 cannot move or change- it is not denied, it simply cannot be moved or change. Any changes must adhere to the guidelines and be approved.

Legal Basis

CC&Rs / Design Guidelines

Topic Tags

• modifications
• Architectural Review
• Compliance

Question

Who bears the burden of proof when a homeowner challenges an HOA in a hearing?

Short Answer

The homeowner (Petitioner) bears the burden of proving the HOA violated the law.

Detailed Answer

In an administrative hearing, it is up to the homeowner to provide evidence that carries more weight than the evidence offered by the HOA to prove a violation occurred.

Alj Quote

In this proceeding, pursuant to Arizona Administrative Code (A.A.C.) R2-19-119, Petitioners bear the burden of proving by a preponderance of the evidence that Respondent violated A.R.S. §§ 33-1803 and 33-1817(B)(2)(b).

Legal Basis

A.A.C. R2-19-119

Topic Tags

• Legal Procedure
• Burden of Proof
• Hearings

Question

Can the HOA restrict the height and placement of backyard sheds?

Short Answer

Yes. The HOA can enforce specific design guidelines regarding dimensions and location relative to neighbors and the street.

Detailed Answer

The ALJ upheld the validity of Design Guidelines that mandated maximum heights and specific lot placements to ensure conformity with city codes and minimize visibility.

Alj Quote

Sundance Design Guidelines regarding “sheds” mandates: (a) a maximum height, including the roof pitch, of no more than eight (8) feet, … [and] (c) lot placement has to conform to City codes and have approval from the Design Committee “based on neighboring properties and visibility from the street,”

Legal Basis

Design Guidelines

Topic Tags

• Architectural Guidelines
• Restrictions
• Property Use

Question

What happens if I start construction without approval?

Short Answer

The HOA may issue violation notices, impose fines, and require the structure be returned to its original state.

Detailed Answer

The ALJ noted that the HOA acted within its rights to issue violation notices and fines when it discovered unapproved construction. They also warned the homeowner to return the property to its original state.

Alj Quote

If the work has been started or completed, you will have 30 days from the date of this letter to have the submitted items returned to the original state. Or fines will be imposed.

Legal Basis

A.R.S. § 33-1803

Topic Tags

• Violations
• Fines
• Enforcement