Top Story: Surprise homeowner battles HOA over backyard Tiki hut - Daily News-Sun
A tiki hut? Aren't those things connected with evil spirits or something? I realize this is Phoenix, AZ, but I assume Hawaiian evil spirits can get around.
Chuck Harman built a Tiki hut in his back yard to enjoy the relaxing mountain vistas and live a Hakuna Matata kind of life. But the Surprise resident says his experience with the Greer Ranch South Homeowners Association, which has sued him to remove the hut, have been just the opposite. Harman built the 8-foot-tall hut on a raised platform in January 2006. He concedes he made a mistake in not getting a permit or permission to do so first, but he said he has tried to work with his HOA, only to be threatened and sued.
2 comments:
It appears that the HOA Board and/or management may not have followed its own internal policy, or procedure (ie. to provide an appeal hearing, after the first violation notice was sent)?
How can a Board rationalize racking up $30,000 in legal fees -- when the directors/management ignore a process designed to mediate such disputes?
Interestingly, the HOA's law firm, has been involved in other high profile cases in Arizona (against property owners with playhouses, etc.).
I would urge Mr. Harman to investigate how those cases were resolved...
"Selective enforcement" can be a HUGE problem, especially if there is a cozy relationship between legal counsel and management.
Ironically, professional community association lawyers advise their peers that litigation should always be a last resort.
Having said that, we have been litigating a similar case in Illinois (for almost 10 years now).
The structures at issue were an outbuilding (no permit requested) and a dock/deck (which was not built according to the permit, as required. In fact, it was knowingly built over onto a neighboring lot.)
Selective enforcement? There will be a trial someday (?) and the owner/attorney/HOA member, who allegedly violated these SAME type of covenants (AND WHOSE LAW FIRM REPRESENTS OUR HOA) will receive the "due process" he is guaranteed by the U.S. Constitution.
This HOA member/attorney has indicated that he WILL take this case "all the way to the Supreme Court" -- so maybe we will ALL get some guidance on these sorts of issues for the future?
In the meantime, I would urge Mr. Harman's attorney to check out the advice given to attorneys who represent HOAs (by Community Association Institute) -- which specifically addresses the "due process" issue -- and the importance of allowing owners to be heard.
Obviously, prospective purchasers need to consider how members of the community are treated by its management, board, and legal counsel -- not to mention, whether the Board follows its own governing documents. It is unfortunate that the leaders of the Greer Ranch South Homeowners Association have been thrust into the media spotlight for apparently not doing so?
Hopefully, they can all work together and resolve this matter soon -- BEFORE the parties spend ten years, or millions of dollars in legal fees -- (as the parties to our set of HOA cases) have had to do here in Illinois!
Excerpted from the story:
Surprise Vice Mayor Gary “Doc” Sullivan said he didn’t think it was fair Harman was being singled out when it was clear there were other people in the neighborhood who had similar approved structures in their back yards. He plans to talk with members of the HOA and reason with them.
“What happens is people get elected to a board and they get on a power trip when they should be a good neighbor,” Sullivan said. “You have to look at some of these things with common sense. Don’t think like a property manager or a board member, think like a neighbor.”
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Local government officials like the mayor here are in large part responsible for this problem by adopting land use policies that require all new residential development be privately governed by mandatory membership homeowner associations.
If they truly desire a more fair system of government that features due process and avoids abusive, frivolous litigation such as seen here, they are obliged to abandon these misguided policies.
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