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Can HOA Prohibit the Re-Painting of the Home in Original Color?

By Christopher Combs | July 7, 2024

Question: We have lived in our Chandler home for twelve years. We recently received a letter from our HOA Board of Directors stating that the homes in our community can only be painted certain colors, primarily darker colors. We are now prohibited from re-painting our home its original color. Should this action by our HOA Board of Directors have required the approval of the homeowners? Answer: You should review your CC&Rs, architectural guidelines, and other governing documents for your community, and also contact your HOA Board of Directors to request the specific language in these documents which authorizes the change of paint color. In general, however, a vote of the homeowners is not required to change architectural standards such as paint color.

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Disclosure of Adult Care Facility Is Prohibited

By Christopher Combs | June 30, 2024

Question: We recently purchased a home in a Scottsdale residential neighborhood. After we moved into our home we were informed by a neighbor that an adult care facility is operating in the home next door to our home. This adult care facility is a for-profit corporation which cares for patients requiring the “highest level of care.” We are concerned that the presence of this adult care facility will decrease the property value of our home and, most importantly, could be a danger to our children. In response to our telephone calls, both the seller and the listing agent said that they knew about the adult care facility when we bought our home. Shouldn’t the seller and listing agent have disclosed to us the presence of this adult care facility next door? Answer: Probably not. Inasmuch as the residents of the adult care facility require “the highest level of care,” these…

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