CC&R's and Limit of Power

What is the name of your state? AZ

We live in a custom home development in Mesa. When we purchased an exisitng home 2-1/2 years ago a copy of the CC&R's were provided. When we asked about a Homeowners association we were told there was no such group, that it hadn't been viable for many years and nothing was enforced.

Now, a neighbor has replaced his shake roof with new upscale composite and apparently two of the original board members are preparing to sue him as the CC&R's require Shake, Slate or Tile or review by the architectural committee (which clearly has not existed for years),

Before replacing his roof, he contacted one of the neighbors who had served on the board and was told that there was no committee. Once the roof was replaced - - he heard from the resurrected committee members.

I want to help him. The new roof is by far superior in look and longevity and value to the shake and the retro fit to support tile or slate is EXTREMELY cost prohibitive.

Does the ressurected board have a case? If not, how do I assist him with a defense?

[HomeGuru]

Originally Posted by My Business Par

What is the name of your state? AZ

We live in a custom home development in Mesa. When we purchased an exisitng home 2-1/2 years ago a copy of the CC&R's were provided. When we asked about a Homeowners association we were told there was no such group, that it hadn't been viable for many years and nothing was enforced.

Now, a neighbor has replaced his shake roof with new upscale composite and apparently two of the original board members are preparing to sue him as the CC&R's require Shake, Slate or Tile or review by the architectural committee (which clearly has not existed for years),

Before replacing his roof, he contacted one of the neighbors who had served on the board and was told that there was no committee. Once the roof was replaced - - he heard from the resurrected committee members.

I want to help him. The new roof is by far superior in look and longevity and value to the shake and the retro fit to support tile or slate is EXTREMELY cost prohibitive.

Does the ressurected board have a case? If not, how do I assist him with a defense?

**A: he has no defense. There is no official HOA formed, but such non-entity does not give an excuse to violate the provisions in the CC&R's. Even if there is no HOA, an owner in the same development could sue for compliance.