It can feel like there’s a mountain of paperwork in buying or selling a new home. But one document that shouldn’t go unnoticed is a Seller Property Disclosure Statement, often referred to as the SPDS, or ‘spuds’. In this article we share exactly what an SPDS is and why it’s so important in real estate. […]
Automatic Architectural Approval
Governing Documents commonly include a provision that the Board and/or Architectural Committee have a certain number of days to render a decision on an architectural application (e.g. 45 days from the date that the application is received), and failure to render a decision within that timeframe results in the application being considered approved. Read the entire […]
HOAs and Summer Storms (AZ)
Phoenicians look forward to monsoon with the eagerness of NASCAR-goers awaiting a car crash. There’s beauty in the destructive power of the unpredictable storms in this season. Read the entire article……………………………….
What is HOA Preventative Maintenance
Preventative maintenance refers to the routine maintenance tasks performed on the Association’s physical assets and mechanical equipment components. Preventative maintenance is performed to help extend the life of the different assets and equipment within the community’s property, decrease repair costs, and prevent the likelihood of equipment failure and unplanned downtime. Read the entire article……………………………….
Drowning is Preventable! (AZ)
The HOT temperatures have neighbors escaping the heat at community pools and other bodies of water. For the fifth weekend in a row there has been a deadly water-related incident on Lake Pleasant, and there have been several other water-related accidents at private pools throughout the Valley since the beginning of the year. With Memorial […]
What Templates Can Every Arizona HOA Utilize To Be More Effective?
Being a board member of an Arizona HOA involves lots of work. Plus it’s an unpaid volunteer position! Effectiveness is proactively addressing issues before they become problems and finding simple and methodical procedures that use existing assets and valuable templates to get the job done right. There is always plenty of work for the Association […]
Building HOA Committees
HOA Committees can be a valuable resource to the Homeowners and Board members they serve. They help complete specific tasks that might otherwise be overwhelming for a typical Board to take on as an additional responsibility. This article will explore the roles and responsibilities of Committees, the types of Committees an HOA can benefit from, […]
How Arizona HOA Board Members Can Create and Maintain Effective Covenant Enforcement
Homeowners’ associations and board members have a central purpose of building and maintaining a community that members enjoy living in. The main driving force of that structure of community is the covenants, conditions, and restrictions (CC&Rs) that establish the rules that the members must follow. In most cases, the Board of Directors also has the […]
HOA Complaints
As an HOA Board Member, you are likely faced with complaints from fellow homeowners. This can be daunting—especially when the homeowner is perceived as unreasonable or irate. Below are helpful tips to guide you through the process to achieve a successful resolution. Read the entire article……………………………….
Everything You Need To Know About HB2158 (AZ)
HB2158: HOMEOWNERS’ ASSOCIATIONS; POLITICAL; COMMUNITY ACTIVITY was signed into law by Governor Ducey on Wednesday, April 13, 2022. This bill applies to both planned communities and condos, and will go into effect 91 days following the conclusion of the 2022 session of the Arizona Legislature. Read the entire article……………………………….
Kalway v. Calabria Ranch HOA, LLC (AZ)
On March 22, 2022, the Arizona Supreme Court issued the decision of Kalway v. Calabria Ranch HOA, case CV020-0152-PR. This decision severely restricts homeowners associations’ rights to amend their governing documents. The Court concluded that associations may only amend their governing documents where the original declaration gives sufficient notice of the possibility of a future […]
AEDs in HOAs/Condos – Life Saving (AZ)
Recently our firm was contacted by an HOA that is considering the installation of AEDs (automated external defibrillators) throughout their community – this client provided potential common area installation sites including: the tennis courts, pickle ball courts, the pool deck, gym, and the clubhouse. Read the entire article……………………………….
How HOAs Can Establish Effective Pet Policies: Arizona HOA Laws for Pets and Support Animals
While dogs are often lauded as man’s best friend there are times when they, as well as other pets, can pose legal issues for HOAs and condominium associations. Many of the legal issues can be avoided by regulating and enforcing pet policies in HOAs. Whether you want to place restrictions on animal and pet owner […]
These rules are unenforceable, even if your HOA has them (AZ)
Your homeowners association may be frustrating to deal with, especially if it has many different rules and regulations that you need to follow. While HOAs are helpful in maintaining a general look to a neighborhood or working with properties to keep their values, not all HOAs are reasonable or respectful to those in them. Read the […]
Association Must Be Named in Declarations Pages of a Policy To Avoid Disagreements Later
Associations are sometimes not listed in the declaration pages of insurance policies. I have seen property management firms, program administrators and the wrong Association listed in the declaration pages of insurance policies. Read the entire article……………………………….
Understanding How Your Condominium Insurance Works—The Individual vs. Master Policy Coverages
A condominium can be defined as a single real estate unit in a multi-unit development in which a person has both separate ownership of a unit and a common interest, along with the development’s other owners, in the common areas.1 Insuring your condominium is often not so easy, especially since it usually requires that you […]
Can Our Board Continue Meeting Virtually Even When the Pandemic Is Over? (AZ)
Like it or not, virtual board and annual meetings are likely going to continue for Arizona HOAs and condos in the foreseeable future. There are many benefits of virtual board and annual meetings. Virtual meetings are more convenient for directors and owners, allowing individuals to attend from anywhere they have internet access. Increased convenience may […]
Extra! Extra! Governor Ducey Signs HB2131 (Prohibition on Ban of Artificial Turf in a Planned Community) (AZ)
It’s official! 81 days into the 2022 Arizona Legislative Session, the first major bill pertaining to planned communities was signed into law. On March 30, 2022, Governor Ducey signed into law HB2131 which adds a new section to the Planned Communities Act (A.R.S. Section 33-1819) and paves the way for planned community owners to install […]
Amending CC&RS – Lessons From Kalway V. Calabria Ranch HOA (AZ)
On March 22, 2022, the Arizona Supreme Court issued a decision in the case of Maarten Kalway v. Calabria Ranch HOA, LLC et al., which addresses the ability of community association members to amend an association’s recorded declaration of covenants, conditions and restrictions (“CC&Rs”).Read the entire article……………………………….
Essential HOA Resources and Tools for an Effective Board in Arizona
Serving on the board of a homeowner’s association can be much more time-consuming and difficult than most people expect. There are not many resources available to help save you time and effort while you figure out what to focus on and how to get things done. The Brown Law Group, PLLC provides general counsel legal […]
Arizona Supreme Court Rejects Unforeseeable HOA Amendments
In Maarten Kalway v. Calabria Ranch HOA LLC, et al., the Arizona Supreme Court weighed in on the issue of whether a homeowners’ association (“HOA”) may rely on a general-amendment-power provision in its covenants, conditions, and restrictions (“CC&Rs”) to place restrictions on landowners’ use of their land. The court ultimately held that general-amendment-power provisions may […]
What Board Members Need to Know About Arizona HOA Disclosure Requirements and Record Keeping
There are not many people that get excited about record keeping, but it must be a top priority for any Arizona HOA. Arizona law makes any association or planned community responsible for accurate record keeping and providing those records to any individual member upon request. Read the entire article……………………………….
Out of Control Homeowners, Help Please! (AZ)
“Help! What can our HOA/condo do to make this homeowner STOP?! We have a homeowner that is verbally abusive, the name-calling is offensive and vulgar – we feel harassed!” You often hear us say, serving on your association’s board is a thankless job – and, many of you know this firsthand! Read the entire article……………………………….
Updates from Arizona Legislature – March 1, 2022
The 2022 Arizona Legislature has introduced a large number of HOA/condo bills after two relatively quiet years of a COVID legislature. The new bills pertaining to HOAs and condos fall into several categories such as permitted flags, green bills regarding artificial grass or solar/water conservation, vacation/short term rentals, amending association documents, assessment liens, homestead exemptions […]
How’d They Do That? 8 Secrets to Good Attendance at HOA Meetings
Ever feel like the odds of pulling off a well-attended hoa meeting is as likely as spotting a unicorn in a field of four-leaf clovers? There are lots of reasons people may not be able, or even want, to attend board meetings. Here are eight ways to make them change their minds – and adjust […]
HOA Board Members Beware: How Can Arizona HOAs Deal with Problematic Homeowners
Even seasoned board members can be daunted by the most difficult part of their volunteerism, managing the owners. Many a meeting has fallen to chaos when the Board did not take management initiative. What started as an opportunity to share opinions and ideas became nothing more than an embittered imbroglio of discontent. Read the entire […]
5 Ways To Discourage Vandalism in Your HOA
How can your HOA prevent or discourage vandalism or theft in the HOA community? Read the entire article……………………………….
Resolutions – How A Board Can Make And Keep (AZ)
As we begin to turn our attention to 2022 and the start of a New Year, we often start discussing the time-honored tradition of making a New Year’s resolution. Associations’ Board of Directors have the authority to adopt resolutions, also referred to as the rules, based upon provisions in the association’s governing documents and the […]
Community Association’s And Water – Resolve To Make Every Drop Count (AZ)
If you live in Arizona, you should be concerned about water. Decreases in precipitation and increases in temperature continue to increase the need for water but reduce the supply available. Additionally, Arizona expects an increase in water demand due to future economic development and Arizona’s anticipated population growth. Read the entire article……………………………….
Can your HOA make you follow rules it doesn’t otherwise enforce?
You probably knew there would be some restrictions on your behaviors when you bought a house in a homeowners association (HOA). Your HOA might provide you with certain amenities or benefits, like access to a fitness facility or other community spaces. The HOA also helps you protect your investment in your home by establishing and […]
Recent Short-Term Rental Case (SD)
The Supreme Court of South Dakota recently ruled upon a short-term rental case involving a community association. In Wilson v. Maynard, No. 29307 (S.D. Jun. 16, 2021), the community association’s declaration only permitted “residential purposes”. After the Maynards began renting their property to large groups as a short-term rental, a neighbor (Wilson) file suit alleging […]
How to amend HOA CC&Rs or bylaws in 4 (not so easy) steps (AZ)
Do you live in an HOA and want your neighborhood to be gated? What about short term rentals – do you want to expand their use or stop them in your neighborhood? What about more (or less board members) serving on the board for your HOA? Read the entire article……………………………….
What Is An HOA Injunction?
It is the HOA board’s responsibility to enforce the rules set forth in their association’s governing documents. But what’s a board to do when enforcement methods, such as fines and suspension of privileges, do not result in compliance? If it becomes necessary to seek further enforcement, a court proceeding may be necessary in order to […]
HOA Open Records Request (AZ/TX)
Homeowners associations are obligated to keep a variety of detailed records for their homeowners to be able to access. Potential buyers and current HOA members may wonder what types of HOA records exist and what rights they have to view and review these documents. Read the entire article……………………………….
Online Voting for HOA/Condos (AZ)
Pursuant to ARS Section 44-7007, electronic voting is permissible so long as the Association uses a platform that satisfies the following requirements regarding the electronic signature: (1) it was unique to the person using it; (2) it was capable of verification; (3) it was under the sole control of the person using it Read the […]
HOA Capital Improvements
When communities are built, they are done so to provide the lifestyle and amenities that residents desire at the time of development; however, as time passes, residents’ desires change, and so do their desired amenities for the communities that they live in or want to live in. In order for communities to keep up with […]
Tips for Handling Difficult Owners (AZ)
Difficult and disgruntled owners are truly the worst part of serving on a HOA/condo Board! Here’s how you can spot a difficult owner… Usually they are criticizing, cajoling and pinpointing the errors of the board. S/he demands change, constantly interrupts, attacks personal integrity and alleges conflicts of interest of the board and the association’s management […]
Important Tips for New HOA Board Members in Arizona
As a new nominee to the Board, you were likely more focused on your agenda than the realities of serving as a volunteer Director for a non-profit homeowners’ association. Then you were elected and in the thick of it all. Your agenda got lost in the sheer breadth of what you needed to handle as […]
Arizona HOA Statutes Digital Book
These statutes are provided as a courtesy by Phillips, Maceyko and Battock, PLLC as a reference only. The statutes include legislation enacted by the 2021Legislature and are subject to change. There may be other statutes or regulations that have a bearing on a particular legal issue. The association should consult with legal counsel regarding any […]
HOA Transition from Developer
We are often asked, “When should we start preparing for our HOA to transition from a developer-controlled board to a homeowner-controlled board?” Our answer is always the same, “starting on day one from when the developer first hires a professional management company.” Read the entire article……………………………….
Parking Violations in HOAs/Condos (AZ)
Here’s a Quick 4-1-1 on the best way HOAs/condos can effectively handle owners who violate community parking restrictions. The Most common parking issues in HOAs/condos are the following: overnight on-street parking; and illegal parking of RVs, campers, commercial vehicles, boats, trailers on streets/common areas or on an owner’s property. Read the entire article……………………………….
10 Habits of Successful Community Associations
Community associations are unique entities, and the Boards that lead community associations fill unique roles. In our experience, the most successful Board members have strong integrity, reasonable judgment, a willingness to serve and are committed to the best interests of the community. Read the entire article……………………………….
Bomb or a Balm? Navigating New Technologies for Associations with Aplomb (AZ)
Our Associations have taken notice of the efficiencies and cost savings offered by new virtual methods of public. They are simply too good to be ignored. But their dangers are not always obvious. While our advice may be cutting edge, the legal landscape we live and work in is still digitally lacking. Read the entire […]
Political Signage Update (AZ)
SB1722 was signed by the Governor on April 09, 2021 and will go into effect on September 29, 2021. Once effective, the bill will extend the time a political sign can be left up from three (3) days after a general election, to fifteen (15) days after a general election or if the sign is […]
New Arizona Laws And Their Impact On Community Associations
Before it convened on June 30, 2021, the Arizona State Legislature passed a couple of laws that will impact Community Associations. These new laws become effective on September 29, 2021. Read the entire article……………………………….
What’s Next? – Possible Laws Impacting Community Associations In 2022 (AZ)
While the Arizona Legislature wrapped up its 2021 legislative session at the end of June and only passed six bills into law that impact community associations, a review of those bills that did not pass provides insight into what may lay ahead in the 2022 legislative session. Read the entire article……………………………….
HOAs/Condos: 4-1-1 on Records (AZ)
Under Arizona law, owners are able to inspect and have copies of a large portion of an association’s books and records. And, that is a good thing! Associations should be transparent and welcome owners to take a look at things more carefully. Read the entire article……………………………….
What You Need to Know About HOAs and Short-Term Rental Laws in Arizona
Short-term rentals are on the rise. Snowbirds migrate here in the winter. All seasons are ripe for outdoor escapades. Arizona attracts short-term renters year-round. The short-term rental landlord is no longer only the sophisticated commercial property investor. Even casual owners now routinely use electronic short-term rental listings to drive rental income into their pockets. Their […]
What Your HOA Needs to Know About Assessment Payments in Arizona
Homeowners’ Associations carry a great deal of responsibility when it comes to maintaining the community. HOAs are often required by their governing documents to perform many actions, which may include maintaining insurance policies, paying for water or sewer charges, maintaining landscaping, caring for community facilities such as pools, playgrounds or golf courses, repairing roofing damages, […]