AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.

Single Blog Title

This is a single blog caption

Ground coverage in front of house

We just did a complete renovation of our front yard. Everything is new and we now have the nicest front in the entire neighborhood. As part of the renovation, our general contractor planted 50-60 new plants. The HOA is saying we don’t have enough ground coverage and need to plant more. We are of the opinion that HOA is acting arbitrarily against us as 1) the plants are young and will cover more ground when they mature, and 2) there are houses in our neighborhood with FAR fewer plants and ground cover.

Any suggestions on how to proceed?

Thx!

3 Responses

  1. Dennis Legere

    Evan;
    It would be difficult for me to answer without seeing your ACH guidelines /rules. Your arguments are sound and reasonable. Basically the association has no right to require you to plant a specific number of plants unless your written and approved ACH guidelines specifically call for an exact number of plants and those guideline are uniformly imposed on all homeowners. If it does not have that specific guideline then they cannot impose such a restriction because they do not like your plans or you. That is what is called acting in an “Arbitrary and Capricious” manner. The association has a duty to “treat all members fairly” and acting arbitrarily does not satisfy that duty. If they question that they have any such duty tell them that they should first look up Arizona Appellate court decision of Tierra Ranchos HOA v Kitchukov.
    Remember this is your property and the association cannot apply any restriction on your use of your property unless specifically authorized in your CC&R’s and documents in approved community documents.
    If you need more help contact me directly.

    Thanks

    Dennis

Leave a Reply