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That is unbelievable! What a disaster! I sure hope they don't have the last word!
I don't know anything about these issues (I am in farm country) but I know that for examples HOAs will try to tell you you can't have solar panels but you can! Maybe we need to start flooding the governor's office with petitions to make it a statewide law to be able to have chickens. After all you can have dogs and cats!? What do Gilbert ordinances include about this topic? Anybody married to a chicken obsessed attorney?
In the worst case let me know when I can come and help you move to friendlier pastures! I am still not done with my own move (2 years and counting
) so I am all warmed up!
I am extremely conversant with Arizona HOA statutes, and yes, one has a right to put up solar panels, but one does not have a legal right to chickens
However, being given a copy of the CC&Rs at closing that are not the correct ones (assuming htat is the case) is a HUGE error on hte part of the HOA or its managment company. Now this is not specifically addressed in the statutes, but in other areas it is specifically addressed that giving incorrect information (fees owed, liens, etc.) or after a stated timeframe (is was already short, and is now even shorter) wipes out liens and arrearages.
At closing one has to sign a sheet acknowledging that the CC&Rs are a binding legal contract. Now, if one is giving an incorrect version of the CC&Rs, that opens a whole can of worms as you agree to be bound by one thing, but then they try to enforce something else upon you? Over time the CC&Rs can be changes, but all members have the right to vote, and it usually takes a huge percentage to approve changes. The board cannot make CC&R changes; only the membership has that authority.