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Failing to Pay Taxes on Common Areas Can Have Dire Consequences (AZ)

A recent article in the Washington Post chronicled the plight of an upscale San Francisco community, which failed to pay its common area property taxes, and the savvy investors who took advantage.  We are aware of Arizona communities who have

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New Federal Drone Restrictions

Did you know that in April 2017 the Federal Aviation Administration (FAA) established air space regulations over 133 military locations in the United States? Pursuant to 14 CFR 99.7, through an agreement with the Department of Defense, the FAA has

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HOAs Turned Police

How far should a homeowners association go to enforce speeding, traffic violations and reckless driving within their community? What should a Board of Directors do when a homeowner or resident speeds or endangers the safety of others in the association

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A Board Code of Conduct – Good Idea or Bad Idea?

I am often asked whether a board member code of conduct is a good idea or a bad idea. It really depends… Some boards need a code of conduct to clarify appropriate and not appropriate conduct by board members. Other

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Legal Fireworks in Arizona: A Quick Guide

Hide your dogs (and have a safety talk with your kids) the summer fireworks season is here. From May 20 to July 6 fireworks may be purchased legally in Arizona. In the winter, you can buy fireworks from Dec. 10

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No Lifeguard on Duty? HOA Members and Neighbors on Duty (AZ)

Summer is officially here. A few years ago, I witnessed the heroic efforts of a bystander revive a young child that nearly drowned at a community pool. Needless to say, as a mother to two young children, I was rattled

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The Future of Going Solar (AZ)

Arizona law favors the use of solar energy devices by homeowners within community associations. In fact, pursuant to A.R.S. Section 33-439(A), “[a]ny covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or

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Monsoon Season Madness – Be Prepared!

“We can’t do anything to prevent the monsoon, but we can prepare.” Weldon B. Johnson, The Republic | azcentral.com With summertime comes monsoon season, you never know when a big dust storm or heavy torrential downpour may hit! Is your

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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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With Memorial Day, Flag Day and 4th of July right around the corner… let’s talk flags!

Neighbors are bringing our their Red, White and Blue in preparation for the upcoming patriotic holiday. Now is great time to review Arizona’s laws regarding flags in HOAs!  Arizona law is quite clear on this issue. Pursuant to Arizona law

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With Memorial Day, Flag Day and 4th of July right around the corner… let’s talk flags! (AZ)

Neighbors are bringing our their Red, White and Blue in preparation for the upcoming patriotic holiday. Now is great time to review Arizona’s laws regarding flags in HOAs!  Arizona law is quite clear on this issue. Pursuant to Arizona law

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Rosie on the House: What to know when buying home in HOA (AZ)

Thousands of communities in Arizona are run by homeowners’ associations. There are benefits and difficulties you need to think about if you’re thinking of buying a home run by one of these groups. Here are questions to ask about the

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Why Your HOA Needs a Written Collections Policy (AZ)

Some Homeowners Associations are lucky enough to have minimal collections concerns. However some, are constantly dealing the delinquency of homeowners falling behind on dues. No matter where your HOA sits on this spectrum, it is vital for your community to

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What are an Association’s Responsibilities Regarding Record Requests by Owners?

Question: Our association has an owner who requests to review records on a monthly basis. This is starting to become a pain and it requires a lot of time. What are our responsibilities under Arizona law to provide these records

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2017 Top Ten List on Arizona Open Meeting Law

Here it is! The list you’ve all been waiting for! We have compiled the absolute “need to know” bullet points about Open Meeting Law for Arizona Homeowners Associations.   Read the article………….

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Best Practices for Passing an HOA Budget

First, check your governing documents. These describe the manner in which the HOA budget is adopted each year. In most associations, the governing documents provide that the budget is adopted by the board or by vote of the owners. However,

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New Arizona Law Could Affect Homeowner Associations

The bill prohibits municipalities from restricting or regulating the ability of homeowners to use their property as vacation rentals and short-term rentals, with certain specified exceptions.

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Happy Halloween – How to Best Handle Over the Top Halloween Displays

sometimes our firm receives calls from clients regarding help on enforcement of “over the top” Halloween displays.

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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

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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,

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

Results of the study suggest that HOA landscaping regulations have the potential to reduce peak-season water use by up to 24%

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

In the case of Martinez v. Woodmar IV, a guest was shot in the condominium association’s parking lot. The victim sued the association, alleging it was liable for failing to prevent the attack.

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Fireplace Safety in Your Home and HOA Community

It’s important to remember a few tips for fireplace safety to make sure your home, and the surrounding homes in your HOA community, stays safe this winter

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

we are often asked whether Arizona boards must (not may) follow Robert’s Rules. I always respond with my favorite and typical attorney response-IT DEPENDS.

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

What can an association do when it cannot obtain a quorum at the annual meeting?

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

…advice regarding a board removal petition submitted by a disgruntled group of owners in their association

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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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