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(AZ) HOA’s Best Resources for Water Conservation and Allotments

Sure, April is known for taxes, but the Grand Canyon State also spends this month celebrating the most precious of resources with Arizona Water Awareness Month!  Make sure your community stays smart, sustainable, and responsible with these water conservation and

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How To Recognize Volunteer HOA Board Burn-Out

It would be hard to overstate the importance of volunteerism: it’s quite simply how a lot of work gets done, from large, national programs to smaller and more localized organizations. According to the National Corporation for National and Community Service

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Arizona citizens band together to address legislative powers of HOAs

A group of Arizona citizens are gathering at the capitol every month to force a conversation on the legal powers and lack of oversight and regulation of homeowners associations throughout the Phoenix metropolitan area.  Arizona Sen. David Farnsworth (R) on

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Summer Board Meetings Made Easy!

During the Summer months, many board members travel outside of Arizona to escape the heat. Due to travel schedules during June, July and August, sometimes it is difficult for the board to obtain a quorum to have a board meeting.

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7 Things you should know about HOA Reserve Funds

Reserve Study Laws and Reserve Funding Legislation vary by state.  In the absence of specific legislation regarding Reserve Funding, associations should refer to their governing documents (Covenants Conditions and Restrictions) with the help of a qualified attorney specializing in HOAs.

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Impact of Homeowner Association (HOA) landscaping guidelines on residential water use (AZ)

The association between increasing water intensive land-cover, such as the use of turf grass and trees, and increasing water use is a growing concern for water-stressed arid cities. Appropriate regulatory measures addressing residential landscaping, such as those applied by Homeowner

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Don’t Be The Next Trayvon Martin HOA!!!

We have all read about the horrible Trayvon Martin / George Zimmerman shooting. It was a tragic day for everyone. But what most people never heard about was what happened to the Association. Zimmerman was the Association’s neighborhood watch leader

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Fireplace Safety in Your Home and HOA Community

For many, the essence of winter is curling up next to the warmth of a crackling fireplace while enjoying the sights of the snow-dusted scenery outside. Unless of course you live in a Arizona or Texas, in which case it’s

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Must We Follow Robert’s Rules of Order??? (AZ)

Robert’s Rules was first published in 1876. The most recent version (the 11th Edition) was published in 2011 under the name Robert’s Rules of Order Newly Revised (abbreviated RONR). One can also stumble on its online version by clicking here.

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Help! We Can’t Get a Quorum at Our Annual Meeting

A common question that I receive from managers and board members is the following: What can an association do when it cannot obtain a quorum at the annual meeting?    Read the article…………

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“Help! Our Board Received a Board Removal Petition … What Should We Do?”

Recently, our firm received an urgent phone call from a planned community board asking for advice regarding a board removal petition submitted by a disgruntled group of owners in their association. Although there had been rumors that there was a

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Crazy HOA Lawsuits That Will Make You Laugh – or Cringe

Most of the time, HOA lawsuits are boring, addressing collections, repairs, and other routine items. But occasionally, one comes along that is so outrageous that it draws the attention of the media and gets everyone buzzing. It’s no wonder that

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Arizona Court of Appeals decision clarified when and how a party must request attorneys’ fees on appeal

McKeddie Cooley was recently published in an Arizona Court of Appeals special action decision that clarified when and how a party must request attorneys’ fees on appeal. The case, Halt v. Hon J. Richard Gama, clarified the requirements of Arizona

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All About Hoarding: Tips for Arizona HOAs

If your HOA hasn’t already encountered a problem with hoarding in your community, odds are it will happen at some point in the near future. It’s a growing problem with HOAs across the country that can come with some pretty

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Fraud and Embezzlement in Your Association-How to Spot It & How to Avoid It

It has happened; there are funds missing from the checking account. Figures do not line up and you cannot get in touch with anyone. The board always sees a financial statement at each board meeting, so what went wrong? Any

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Tips on how to Increase Annual Meeting Attendance

Our Association Has Trouble Getting Owners to Attend Our Annual Meeting. Do you have any Tips on How to Increase Attendance  Yes, I do! Here are a few of our firm’s suggestions on how to increase attendance at an Annual

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What is a Disclosure Statement and Who Can Charge it?

An association may charge a “disclosure fee” to compensate the association for the costs incurred in the preparation of a disclosure statement furnished by the association pursuant to A.R.S. Section 33-1806 (planned community)/33-1260 (condo).    Read the article………….

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Landscaping With Artificial Turf in an HOA Neighborhood

With increasing concerns over drought and water conservation, artificial turf is growing in popularity. If your first thought is “ew,” you’re probably visualizing the scratchy plastic carpet in Aunt Edna’s sunroom or a miniature golf course. You may want to

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What Is a Construction Defect?

Most people are familiar with the term “construction defect.” But what exactly does this mean? Generally speaking, a “construction defect” is a deficiency in the design or construction of a building such that the building (or a component of the

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Community Upkeep, Maintenance and Avoiding Problems and Emergencies

First, always remember that CONTRACTS ARE LEGAL INSTRUMENTS ENFORCEABLE AGAINST YOUR ASSOCIATION. Be sure to read them carefully, properly bid your projects, sign on behalf of the association, and consult with your general counsel attorney if you are unsure about

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Social Media: HOA Friend or Foe? How to Avoid Problems

Technology has impacted and changed our world to be immeasurably different from 20, or even 10 years ago. Social media is a tool that, for better or worse, touches countless areas of society. So why should an HOA board not

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6 Tips for HOA Media Crisis Management

If you’ve ever heard the term “any press is good press,” you also probably know that it’s a motto used by most celebrities, politicians, and even corporations in mainstream media today. Even less-than-favorable publicity is considered a bonus for these

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“Look! Up in the Sky! It’s a Bird, It’s a Plane… It’s a DRONE in my Backyard!”

If you haven’t seen a drone yet, chances are you soon will. Drones were originally used for military purposes, but newer technology and falling prices have put drones – many with cameras attached – in the hands of private citizens. For about

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Pools and Pool Safety

Does your board have a resident or vendor who likes to “prop open” the pool gate to make access to the association pool easier?   Read the article………

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Because It’s The Rules

There are seemingly two types of people who live in houses or condominiums that are subject to rules and regulations, known as Codes, Covenants and Restrictions, or “CC&R’s.” There are those who live there because there are CC&R’s, and there

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Going vertical: don’t forget about those pesky HOA fees!

For many Arizona homeowners, fees related to a homeowners’ association (HOA) are inevitable. Most homeowners dutifully hand over fees to their HOA when required, accepting that the fees necessarily come with owning a home in a planned community or condominium.

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Reconsider Videotaping Meetings

To video or not to video? Just like with running a business, managing an HOA, includes keeping detailed records. Traditionally, taking minutes of HOA meetings are one of the most common ways to record what was discussed or agreed upon.

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Using Drones To Enforce HOA Violations

Drones are quite the “buzz” nowadays. Last month the Federal Aviation Administration (FAA) granted Amazon permission to start testing their delivery drones. Imagine getting your packages minutes after ordering them. Amazing.   Read the article……….

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HOA Paint Projects – Planning is Key

We all wish that once a home was painted, we never had to touch that project again. Sadly, Mother Nature isn’t so friendly to paint, and almost every home will need new exterior paint around the 10-12 year mark. If

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Expansive Soil Information and HOAs (Arizona)

Expansive soil clays are made up of plate like particles, smaller than the eye can see, which absorb moisture between the plates and can expand to over 100% of the original size when wet. This “swell pressure” between particles can

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ROADMAP: Transition from Developer Control (Arizona)

Obtain Necessary Documents – Obtaining documents that will be necessary or helpful for the association to function and conduct business is an important part of transition to avoid future problems and save the association time and money for years to

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HOA Crime Prevention

Safety is one of the most important aspects of having a neighborhood that homeowners want to be a part of. Keeping crime and vandalism rates low or nonexistent should be a top priority for any HOA board, but accomplishing this

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Managing Records Requests in Arizona

Rather than regurgitate legal jargon, we’ve boiled down the governing statutes for planned communities and condominium associations into these easy-to-digest points.   Read the article……….

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Check out your HOA guidelines on grills!

When the sun comes out to play, it is natural to crave delicious barbeque! As you prepare for the summer months, take some time to review your HOA’s policies on grilling. Depending on the type of homes in your area

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…Not much has changed by way of homeowners’ rights in Arizona in the past couple of years

Tenants and landlords often disagree about who is responsible for violations of the HOA’s governing documents during the tenancy. The answer depends upon the lease between landlord and tenant, but also sometimes is further defined by the governing documents.  

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CAI Best Practices: Ethics

Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing”

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Is It Difficult and Costly to Change Management Companies

NO!, That’s it, that’s the secret management companies do not want you to know. So let’s assume for the sake of this article you have seen the warning signs or maybe just feel it’s time and you know how to

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How the Supreme Court Reacted to This Town Allowing Politicians Bigger Signs Than Churches

Today, the U.S. Supreme Court heard oral arguments in Reed v. Town of Gilbert, a challenge by a church to a town ordinance regulating signs.      Read more………

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What is CDARS?

With the recent stress in the financial market, many boards and property management companies are beginning to closely monitor the insurance of their funds. For many years now, leaders in the HOA banking and auditing industry have stressed the importance

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Can HOAs Prohibit Medical Marijuana–The Answer May Surprise You!

Many states allow medical marijuana use. A few states even allow recreational use. With the rise in marijuana use, HOA attorneys receive more and more requests for legal opinions as to what the homeowners can do and what rights the

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Implementing a Maintenance Plan

Regular maintenance of common areas is one of the core responsibilities of a Homeowner Association or Condominium Development. An Association will always need maintenance. In order to maximize the preservation of property values, every Association should be proactive in identifying

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Responding to HOA Records Requests in Arizona

HOAs and community managers receive requests for records and information almost daily. In this day where an HOA’s management team has limited resources, especially time, records and information requests need to be treated appropriately and efficiently. What is an Arizona

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Annual Meetings In Arizona

Arizona law requires homeowners associations to hold at least one membership meeting per year. A.R.S. §33-1248(B). This meeting is commonly referred to as the annual meeting. Oftentimes, an association holds multiple meetings throughout the year; however, the annual meeting is

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Guns at HOA Meetings- Arizona

Gun violence at HOA meetings is rare, but receives much media attention. No one will forget the tragic murders of two women and the wounding of three others in Arizona when a man opened fire during an HOA meeting in

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Amending Governing Documents in Arizona

Arizona law requires homeowners associations to hold at least one membership meeting per year. A.R.S. §33-1248(B). This meeting is commonly referred to as the annual meeting. Oftentimes, an association holds multiple meetings throughout the year; however, the annual meeting is

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Avoiding Law Suits in Arizona

No human interaction is without conflict. As soon as my kids were born, they started demanding things. Now, while we are no experts on raising children, my wife and I are able to address these conflicts before our children sue.

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Parliamentary Procedure: Amending a Motion

Most community associations use Robert’s Rules of Order (“RRO”) to govern both board and owner meetings. RRO is an effective tool which allows the chairperson to keep control of the meeting and at the same time ensure that members of

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CAI’s Guide to FHA Certification

The U.S. Department of Housing and Urban Development (HUD) Federal Housing Administration (FHA) plays a major in role in housing finance through its Condominium Mortgage Insurance Program. FHA issued regulatory guidance to set standards condominium associations must meet for a

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A Breakdown of Arizona HOA Fiduciary Law

In the HOA management industry, we often run into board members who not only don’t understand a law, but don’t even know it existed in the first place. Sure, most have a basic idea of what they can or can’t

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Things to Remember when Buying a Home in a HOA Neighborhood

We’ve already gone over a few things you need to understand when moving into an HOA neighborhood before, but that article dealt more with the financial aspects of moving in. For this HOA realty post, we will be dealing more

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