Arizona Court Rules Homeowner Must Comply with CC&Rs

UNPUBLISHED Arizona Appellate Court decision (December 10, 2015). This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over an addition that Owners constructed to their separate interest property located within the common interest community operated by the Association. The governing documents for the Association (the CC&Rs) contained a restriction that prohibited the construction of structures that exceeded one story in height (exclusive of a basement). The CC&Rs also provided that no construction could be commenced on a property without the prior written approval of the Association’s Architectural Review Committee (“ARC”).