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The Wild West: Part Two.

  • Writer: Justin Gray
    Justin Gray
  • Feb 15, 2018
  • 5 min read

As I mentioned before when Jen and I first met I had recently purchased a new home in Scottsdale, Arizona. After she and I were married we decided to move to Arizona, full time, and into that home. For those that have been to our house you know it is located right on the boarder of Scottsdale and Carefree/Cave Creek. For those of you who haven't been, you also know where our home is located and due to it's location in BFE you refuse to visit.

Anyway the distance from civilization, despite the fact that our backyard may actually have the best sunsets in the entire world, really grinds your gears when you have to make the trip several times per day. I also don't particularly like Jen and Grayson (our infant son) being so far form things like hospitals and emergency services. Despite the fact that we are in Scottsdale we quite literally have ten miles of wildlife preserve land in between us and Pima road, so in late 2015 I gave in and began looking at options for a new home.

After exploring what seemed like every inch of the housing market, one morning on one of my famous weekend morning drives (where I claim to be at Lowes or Costco but really I'm just driving and playing death metal really loudly) I ran across an option that seemed too good to be true. At the very least it was unusual. I uncovered a 2.7 acre vacant lot in the Pinnacle Peak / Pima area and things moved quickly from there. In less than thirty days we had purchased the property and enlisted my father to design and build a fully custom Spanish Colonial Revival dream home. Jen and I love the look of Spanish Colonial and we had a shared vision that most couples would probably describe as a small 'miracle'. On the night we closed on the property we slow danced on the dirt lot to the sounds of nighttime desert and Gaslight Anthem's 'Get Hurt'. It was foreboding.

I had zero'd in on a section of the Homeowner's Association CC&R documentation (the rules that govern how an HOA operates and the rules the enforce for a community) during the closing process that concerned me. Actually the thought of an HOA has always concerned me but I've always had a knack for either finding properties that have very lightweight, skeleton HOA's. On the surface that's exactly what PPHOA seemed to be. HOA dues of approx. $180/yr, community property that literally consists of the entry gate and streets with no sidewalks, much less street lights. It was perfect. The lot's in the community had all been purchased and built upon by the late 1980's save my lot and the property next to it. It's a very old community and one that appeared to value privacy and individualism - some of the homes within are VERY unique to say the least. Again, perfect. So when I saw that the CC&R called for a max building hight of 16'4" (commit that number to memory - it's a big deal) I asked to speak to the HOA and determine just how strictly these guidelines would be enforced.

As you may know, Spanish Colonial homes are almost always two stories tall and although we intended to build only a single story home we knew we would have to carry over a lot of taller design cues to pull off the desired look. The primary reason I was prompted to reach out was the fact that a number of homes within the community were much taller than this 16'4" hight restriction, so much so that it was visually evident, even from the street. This all seemed to fall in line with the answer I received form the then HOA President who stated that they were aware of the many violations in the community and were very interested in "working with us" to meet both our needs as well as the needs of the communities aesthetics. The conversation quelled any concerns I had, so hence the dancing at dusk.

I was still wary of this looming provision, and the HOA's somewhat superficial answer, so as soon as possible I asked the architectural committee (a sub-committee of the HOA board) to hold a meeting in order review our intended design. I wanted to ensure that the vision we held in our hearts would actually jive with the vision held in the collective heads of the HOA.

What happened next is actually something I'm not in a position to fully explain, at least in terms of a first hand perspective. Jen and I were traveling on business so my father, armed with the plans he helped produce, attended the meeting on our behalf. Since I was a kid I've always wanted my dad to build me a home. Like most kids I idolized my father, and his work. Honestly, for most of my life I would have never thought working with him possible as my father designs and builds high-end custom masterpieces. The only downside, is his demeanor. Uncompromising. Brash. Perfectionist. All words that I've heard used to describe my dad.

The architectural meeting did not go well.

The HOA was not only strictly enforcing the 16'4" restriction but they also considered chimneys to be a part of the roof. Scottsdale building code states that chimneys must be at-least 24" taller than any surrounding ridge. The pitched roof necessary for a Spanish Colonial, our dream home, was literally becoming impossible.

Now, I know this is all 'first world problems'. The relevant lack of importance given all of the shit that goes on in the world is not lost on me. But this is also an HOA, I can't think of a body more lacking in authority to control someones life. It's ridiculous and it's bullshit.

Over the course of the next 4 months we crammed 10 lbs of crap into a 5 lb bag. We met the height restriction while preserving the look of the home. This is an engineering feat and I don't think another custom home builder would take the time or have the skill to do this. Meanwhile our relationship with the HOA had dissolved into a frictional one to say the least. They took personal offense to the fact that we presented plans that were outside the bounds of their CC&R guidelines. "We'll work with you" had gone squarely out the window, which was now of course two feet lower.

The HOA is made up of primarily retirees and over the course of the last fourteen months I've seen how strongly these people identify with their roles as a fundamental part of their being. It's sad, but also completely unnecessary. Meanwhile there is a strong undercurrent forming in Arizona, and many other states, combatting the power we have handed over to these self elected bodies of power. There simply has to be a layer of logic applied to what these boards are doing. While we were battling with this kangaroo court several legal presidents have arisen out of backlash for HOA's that are imposing restrictions and fines that are simply ludicrous and that grossly overstep the bounds of the governance they were originally meant to enforce. I wont go into all of that here but recently the AZ Republic did a good piece on just how out of control this has gotten. This is a problem that could also effect you so I'd highly recommend doing some reading.

Another good article here.

Regardless, we were finally out of the woods and under construction. Ready to put this whole experience behind us.

Or so we thought. Click here to read the last and final leading primer, Part 3.

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