Sierra Ridge Home Owners Community Website, Scottsdale AZ

Date Posted: 03/27/10

AC UNIT AND FLAT ROOF VIOLATION

Posted by: Larry DeMonaco

Post # 10-0018

During the monthly board meeting on 03/24/10 it was brought to the board's attention from a Architectural Committee member whom stated that a home owner had violated the CC&R's

He then handed the board a signed & notarized formal complaint that the violation of an addition to their house is not in compliance with the CC&R's

The formal complaint was not for area of the addition itself but because they build a flat non tiled roof and installed the HVAC unit on top of that roof.

The CC&R's clearly state "Peaked Roof" and "mechanical equipment ground mounted". see the CC&R's on page 11, section 12 paragraph 1 (Use and Occupancy Restrictions) and page 11, section 12 paragraph 9 (Mechanical equipment)

The home in question is located on 11051 Sunnyside Dr.

After the board was handed the formal complaint they decided to talk about it in the executive meeting which I personally believe they do not have the right to do. Executive meetings are solely intended for legal advice by an attorney, pending litigations, personal health or financial information.

The violation noted above has nothing to do this any such matter that needs to be an executive issue, furthermore it should be available to the residents of the community! It's a way for the board to hide the truth and telling the residents nothing on any formal decision.

This is a matter that concerns me. The A/C unit in question is unsightly in addition to being disallowed by the CC&R's..

Additionally, in the Guidelines for Architectural Improvements, I quote from page 11,
Heating, Ventilation and Ari-Conditioning Units, Including Evaporative Coolers:

"All units must be located within the perimeter of the backyard and BELOW the fence line".

It has come to my understanding that this residence is owned by a Board Member, so it is doubly troubling that such a person, who would have intimate knowledge of the HOA rules, would knowingly go ahead with such construction as if the rules did not pertain to that Member?????

This matter needs to be followed and monitored.

Judy Randall

Oh my gosh I cant believe it! What's good for the gander should be good for the goose!

Concerned Homeowner

I feel bad for the home who's backyard is blocked by the GIANT wall that is now there.

Sierra Ridge Neighbor

The Architectural Committee submitted a violation in writing over the violation of lot 13 for adding a flat roof and an AC unit atop.

At the meeting I attended on 05/27/10 Kate from Jomar read a letter drafted by their own attorneys and it states:

Jomar Attorney Recommendation on Darren Mawrey’s AC unit.

“Under these circumstances with the additional facts that you have discovered a court reviewing the matter would without certainly determining that this owner has essentially received a punitive waiver of any restrictions on maintaining his AC unit as it currently exits as long as he owns the home. That is the only time the association can require the unit be brought to compliance with the letter of restrictions is at the time of a sale or a reconveyance. The association has likely advocated even its right to require the unit be brought into compliance at the time of a repair or replacement assuming it is by this owner and not a subsequent owner by the actions of the board at the time of the application and insulation. So in summary the association does not have the right to require this to be altered unless or until the owner sells, is foreclosed or unless the owner decides to remove the unit voluntary such as to install a new unit for which he would have to adhere to the regular restrictions.”

This above quote was typed from an audio recording of that meeting. I asked our new President Dolores Thompson “What is the board going to do about it?” Dolores simply stated, “The board is not going to do anything about it” I then asked “So you’re just going to take that opinion for that attorney?” Dolores: “Yes we are,”

Listen for yourself PLAY THE AUDIO FILE Kate reading the Attorneys recommendation.

Larry DeMonaco