Re: HOA giving grief about fence

Hey Sub, Lay Off.  Steve and Frank are right.  And I HAVE tried
enforcing my CC&R rights and HAVE been successful.  Diplomacy and a
little bit of legal research was the key for me.  Anyone looking to
fight HOA's on something like this might consider:

1)Engage other community members-We formed a committee.  We started
with four people and grew to about 35 in three weeks.  Hold regular
meetings.  If you don't know how to start just invite a few neighbors
who've had issues with your HOA over for cake, coffee, and a gripe
session.

2)Read ALL your community documents (Articles of Incorporation,
Bylaws, & Declarations) and look for ambiguous language (i.e.
"aesthetically pleasing"  "reasonable length of time"  "matching
colors", etc.), as well as how rules are enforced (fines, recourse you
may have, etc.).  If you don't have these documents, your HOA is
required to give them to you, though there could be a charge  if
you've already been sent them before. (this amountis often regulated
by State Statutes, so don't let them charge you 50 cents a page or
something).

3)Look up your State Statutes, including State Senate Bills and House
Bills, which include recent amendments to statutes.  It's all on the
Internet.  I found something in the AZ Senate Bills that allows for a
special Appeals committee, where the homeowner is involved in choosing
two of the three committee members (one the homeowner chooses, one the
HOA chooses, and one is chosesn by both).

4)Do open petitions and letters to the community about your concerns
to get the word out.

5)Look up in your Articles of Incorporation and State Statutes how to
remove an abusive or incompetent Board member.

There's more, but that's a start--

Signed, "Not Full of Hot Air"