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/ Owner - June 21, 2012
 

Arizona Condominium & HOA News

  • Understanding the Differences Between CC&Rs, Bylaws and Rules & Regulations (CA) March 18, 2024
    For HOAs, implementing universal rules and expectations is part of what helps a community thrive. To structure these, every association has three types of governing documents: Covenants, Conditions & Restrictions (called “CC&Rs”), Bylaws, and Rules & Regulations.      Read the article…………………………….
  • Update on the HB22-1137 Related Bills (CO) March 18, 2024
    The HOA foreclosure sale bill, HB24-1158, was heard by the Transportation, Housing & Local Government Committee on February 27, 2024. The recorded hearing is available on its website.   Read the article…………………………….
  • Navigating the Shadows: HOA Fraud and Community Safety (CA) March 18, 2024
    Homeowners Associations (HOAs) play a pivotal role in maintaining harmony and order in the fabric of community living. However, this structured environment is not immune to fraud and misconduct risks. HOA fraud casts a shadow over community trust and safety, raising concerns and demanding vigilance. This blog explores the intricacies of HOA fraud, offering insights and strategies to safeguard communities against such vulnerabilities.   Read the article…………………………….
  • New Jersey Supreme Court Affirms Condominium’s Ability to Limit Alleged “Emotional Support Animals,” Clarifying the Process To Be Used For ESA Accommodations March 18, 2024
    On Wednesday, March 13th, New Jersey’s Supreme Court released its long-awaited decision in the Players Place II Condominium Association v. K.P. case. In 2018, a resident claiming to be disabled for New Jersey’s Law Against Discrimination (“LAD”) adopted a dog that would ultimately weigh almost 65 lbs. despite Players Place II’s rule prohibiting dogs weighing more than 30 lbs. The association rejected the request, concluding that the resident did not need accommodation because she could have adopted a dog that ...
  • Proving the Source of Smoke March 18, 2024
    In the case of D’Souza v. TSCC 2565 et al., the Applicant owner claimed that cigarette smoke was entering her unit from a neighboring unit and that the condominium corporation had failed to properly investigate and resolve the problem. The Applicant claimed that the smoke contravened Section 117 (2) of the Condominium Act as well as the Rules of the condominium corporation.     Read the article…………………………….
  • Navigating Financial Challenges: Structural Integrity Reserve Studies March 18, 2024
    Ensuring the structural integrity of buildings is a primary concern for community associations in Florida, where climate and weather events can pose a significant threat to buildings and their residents. Structural Integrity Reserve Studies (SIRS) address this by offering crucial insights into a building’s condition and future maintenance needs, safeguarding buildings against potential damage and regular wear.   Read the article…………………………….
  • Farmers condo insurance case explores exclusion clauses (WA) March 18, 2024
    The Gardens Condominium v. Farmers Insurance Exchange case revolves around an all-risk insurance policy issued by Farmers Insurance Exchange to The Gardens Condominium. The policy was designed to cover any direct physical loss unless caused by an excluded event. Notably, the policy included an exclusion for faulty, inadequate, or defective workmanship but also contained a resulting loss exception.    Read the article…………………………….
  • Woman, Pet Escapes Franklin Condo Fire (TN) March 18, 2024
    Franklin Fire Department was dispatched just before 7 PM to the single story, 2-unit building on Morrissey St. Firefighters arrived less than 4 minutes later to find flames and heavy black smoke coming from an open garage door. They quickly knocked down the fire, preventing it from extending into the residence and to the adjoining unit.   Read the article…………………………….
  • The Unchecked Power of North Carolina HOA’s March 18, 2024
    For most of Chuck Williams’ 30 years in Wilmington, he lived in communities governed by homeowners associations. He, like most people who live under HOAs in North Carolina, never had a problem with them. He paid his dues, and they maintained the neighborhood. “Like every homeowner,” he says, “you don’t agree with everything, but I got along fine.”   Read the article…………………………….
  • Candidates May Vote For Themselves (FL) March 18, 2024
    Q: My condominium association has a five-member board of directors. At our upcoming annual meeting, there will not need to be an election as there are three open seats and three candidates. However, the question has arisen as to how to conduct the organizational meeting to be held following the annual meeting where the board will elect its officers.   Read the Q&A………………………………..
Arizona Condominium & Homeowner Association News Archives

Arizona Condominium & Homeowner Association Articles

  • Arizona Court of Appeals Addresses Proximity Damages in State of Arizona v. Foothills Reserve Master Owners Association, Inc.
    On December 7, 2023, the Arizona Court of Appeals held in State of Arizona v. Foothills Reserve Master Owners Association, Inc. that 589 homeowners in an Ahwatukee subdivision were not entitled to “proximity damages” after the State of Arizona condemned their easement interests in the subdivision’s common areas.1   Read the article…………………………….
  • Mastering Architectural Guidelines for Arizona HOAs
    Architectural guidelines are more than mere regulations. They’re the keystones that shape the character and quality of our communities. These guidelines serve as the compass guiding homeowners and HOA boards alike, ensuring that every change and addition enhances the collective aesthetic and value of the neighborhood. In this comprehensive exploration, we explore the nuances of HOA architectural guidelines, revealing their importance, the critical role of HOA boards in shaping them, and the essential processes involved in their creation and adoption  ...
  • HOA Transitions from Declarant to Homeowner Controlled Boards
    Transitioning an association from a developer-controlled Board to a homeowner-controlled Board can be a complex process with various challenges. However, with careful planning and execution, it can be a smooth and successful endeavor. In this guide, we’ll explore the essential steps and considerations for the newly elected HOA Board members to ensure a seamless transition,   Read the article…………………………….
  • Top 10 Tips for Effective Condominium Governance: A Board Member’s Guide to Success (AZ)
    Steering a condominium board towards success demands more than just good intentions and hard work. It requires a blend of strategic foresight, legal savvy, and community spirit. In our latest guide, we share the key strategies for crafting a harmonious, well-managed condominium association. From mastering the nuances of legal compliance to nurturing a vibrant community culture, these insights are tailored for both new and seasoned board members alike.       Read the article…………………………….
  • The Corporate Transparency Act (“CTA”) (AZ)
    The Corporate Transparency Act (“CTA”) is now in effect and Mulcahy Law Firm, P.C. has received several questions on this complex new law that impacts corporations, including Arizona HOAs/condos.Read the article…………………………….
  • How to Handle HOA Trespassing Incidents (AZ)
    Let’s be honest: Living in a HOA community comes with shared amenities and a sense of belonging. But there is another side of the coin, too. It also expects the residents to follow certain rules and regulations. What’s more? Among these rules, HOA trespassing is a matter of concern. Here, we have come up with what is meant by trespassing on HOA property, how to deal with trespassers, and the legal considerations related to such incidents.   Read the article…………………………….
  • Managing Monsoon Flood Risks: A Crucial Task for Arizona HOAs
    In Arizona, homeowners’ associations (HOAs) and condominiums face unique challenges due to the state’s distinct climate, particularly during the monsoon season. Effective management of stormwater and monsoon flooding is not just a matter of maintenance but a critical responsibility that can significantly impact the lives and properties of residents. Here are some of the most important things for Arizona HOAs to know about managing monsoon flood risks.    Read the article………………………………
  • HOA Board Meetings: Things You Need to Know (AZ)
    Homeowners Association (HOA) board meetings are pivotal in shaping the community’s future. These gatherings are where important decisions are made, impacting everything from property values to community standards. Understanding the nuances and legalities of these meetings, including hoa meeting requirements, is essential for effective participation and community development.   Read the article…………………………..
  • How Often Do HOA Fees Increase?
    Homeowners’ Association (HOA) fees are essential for maintaining communal areas and services in many residential communities. However, homeowners often wonder how often these fees increase. Typically, HOA fees are subject to change annually, but the frequency and amount can vary based on the specific needs and financial health of the community.   Read the article…………………………….
  • Navigating Arizona House Bill 2298: Essential Guide for Planned Communities
    Arizona’s planned communities are facing a significant shift in governance with the enactment of House Bill 2298. Effective from October 30, 2023, HB 2298 alters the control that community associations have over public roadways within their jurisdictions. This article aims to provide an overview of the bill and outline actionable steps for compliance, helping to ensure Arizona HOAs and planned communities are well-prepared to navigate these changes.    Read the article…………………………………
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