New Arizona HOA flag law is ripe for a constitutional challenge

Earlier this month, Gov. Doug Ducey signed a bill into law that would force HOAs to allow residents to fly flags that support law enforcement and first responders. But they won’t be able to raise a flag proclaiming gay pride or Black Lives Matter unless their HOA approves.   Listen to the broadcast………………..

Gilbert homeowners learn they’re now responsible for repairing sidewalks (AZ)

A Gilbert homeowner reached out to Arizona’s Family after learning they’re suddenly responsible for repairing the sidewalk in front of their home. It’s something the town had previously done. Unfortunately, the change impacts the entire Cooley Station Phase 1 subdivision, meaning hundreds of families are on the hook.   Read the entire article……………………………….

Arizona governor signs law exempting more flags from HOA rules

Residents of homeowners associations in Arizona will soon be free to fly flags supporting law enforcement, regardless of any rules to the contrary.  Ditto banners honoring firefighters, other first responders, and families who lost loved ones in the military.   Read the entire article……………………………….

Phoenix looking for water conservation volunteers (AZ)

The volunteer program was among several ad hoc committee recommendations the City Council approved in 2019. Phoenix is also working on a program to offer xeriscape landscape plans to residents at no charge, along with a pilot program to identify ways homeowners associations can save water.   Read the entire article……………………………….

In Arizona, you can be forced to sell your condo

Jie Cao and Haining Xia fell in love with the United States and, upon moving stateside from China in the 80s, they decided to settle down in a place with wide open blue skies that epitomized the freedom of the American way.   Read the entire article……………………………….

United SaddleBrooke Responds (AZ)

Recently the two SaddleBrooke HOA Boards issued a joint statement, distributed to the entire SaddleBrooke community, which made two major points:    Read the entire article……………………………….

Artificial turf now allowed in all Arizona HOAs

A circumstance that was never really much of an issue for some Northwest Valley homeowners associations is now not an issue for any Arizona resident.  Earlier this month, Gov. Doug Ducey signed House Bill 2131 into law, allowing all homeowners to install artificial turf in any place HOA restrictions on installing artificial turf where natural […]

N4T Investigators: Misdemeanor charges filed against Tucson HOA President for missing political signs (AZ)

Disappearing political signs have led to misdemeanor criminal damage charges against a local attorney and Homeowner’s Association President.  The Catalina Foothills Estates No. 9 HOA is part of a beautiful high-end neighborhood. However, a battle has been brewing between some homeowners and the HOA that has reached a boiling point; the News 4 Tucson Investigators […]

Ducey signs bill eliminating HOA restrictions on artificial grass (AZ)

Supporting the need to preserve water and protect private property rights, today Governor Doug Ducey signed into law HB2131. The bill was sponsored by Rep. John Kavanagh – Fountain Hills, after he was contacted by valley resident Sherry Lund. The need for such a law was recognized when Ms. Lund and her son Bradford Lund, […]

Short-term rental court opinion may limit HOA powers

Home Owner’s Associations may not be able to amend CC&Rs to limit short-term rentals per a March 22, 2022, Arizona Supreme Court opinion.  This opinion changes the assumption that CC&Rs may protect communities from predation by STRs. The STR issue is much larger than nuisance, party houses, responding to noise, parking and trash violations.   Read […]

Court confirms Carefree’s water storage reservoir (AZ)

The Arizona Supreme Court reaffirmed Carefree’s right to construct an underground water storage reservoir, denying the Boulders Homeowners Association’s motion to halt construction on March 8.  “Having considered the motion and response, based upon the information provided and the interests at issue, and in the exercise of this Court’s discretion, it is ordered denying the […]

Artificial Turf: A HOT Topic in AZ

The installation of artificial grass in community associations is becoming an increasingly pressing topic. With the Arizona Department of Water Resources’ (AWDR) goal of sustainable water supplies by 2030 in mind, it would certainly make sense for artificial turf to become a popular means of reducing water usage for property owners. Read the entire article……………………………….

Condo owners plead with lawmakers to change law (AZ)

Legislation that would change Arizona’s condominium termination statute narrowly passed a key vote after more than a dozen homeowners pleaded with lawmakers to advance the bill last week.   Read the entire article……………………………….

Water conservation help available for Gold Canyon HOAs (AZ)

Arizona Water Co.’s water conservation specialist, Raluca Mihalcescu, has contacted Gold Canyon Community Inc. and offered to work with interested Gold Canyon home owners associations to conduct landscape and irrigation water audits.   Read the entire article……………………………….

Condo law gets challenge to its validity (AZ)

A proposal to save condominium owners from being forced out of their homes has run into a problem.  It may be unconstitutional.  An attorney for a Chicago developer told state senators their plan to rewrite the laws governing condos would retroactively change the laws under which the buyers obtained their property. And Charles Markle said […]

Arizona House OKs bill to protect condo owners from investors forcing them out

State lawmakers are moving to ensure that if you like your condo, you can keep your condo.  The House voted Thursday to repeal laws that allow any investor who acquires 80% of the units in any condominium complex to then force the owners of the other 20% to sell.   Read the entire article……………………………….

Communities ask for legislature’s help with short-term rentals (AZ)

Since a law prohibiting municipalities from creating short-term rental restrictions was signed into law in 2016, some Arizona homes have been constructed for the purpose of hosting overnight renters. Many Valley leaders want the state legislature to roll back or repeal Senate Bill 1350 or give local governments more tools to combat the law’s unintended […]

Committees and Weed (Arizona Q&A)

In a recent email, I asked hundreds of professional community association managers to submit questions they have on which they need guidance. Here are two of those questions.   Read the Q&A……………………………

Arizona lawmaker seeks to override HOA rules against turf

The Fountain Hills Republican has proposed a state law to override any rules of a homeowner association that requires lawns to be seeded with real grass. Instead, it would permit residents to tear all that out and replace it with artificial turf.   Read the entire article……………………………….

Town to pay up to $80,000 to fix Phoenix Street trails access point (AZ)

The Town of Payson has asked the council to dip into contingency funds to put in parking along Phoenix Street at a popular hiking trail access point.  The council heard the request during its Dec. 9 meeting, but delayed pulling the trigger on the project until February to give the homeowners association time to overcome some […]

Club West HOA nixes appeal in Conservancy’s suit (AZ)

The Foothills Club West Association board unanimously decided last week not to appeal a Superior Court ruling that its predecessor improperly acquired the declarant rights to the golf course that could determine the embattled site’s future.    Read the entire article……………………………….

Club West HOA board to mull appeal of judge’s ruling (AZ)

Apparently rejecting overtures by the golf course owner for a sit-down, the Foothills Club West Association board is expected to vote tomorrow night, Dec. 9, on whether to appeal a Superior Court judge’s ruling that gave the Club West Conservancy a victory in a lawsuit originally filed in March 2020 against the former board members.  […]

‘I feel angels are good for you’: Senior fights HOA over angel statue (AZ)

But one Mesa senior says her HOA and the property manager they hired, have gone too far.  “I feel angels are good for you. They protect you,” Shirley says.  She’s talking about the angel statue that she placed on the short wall around her front sitting area.    Read the entire article……………………………….

Town examines short-term rental regulations (AZ)

Fasano said during staff’s research into the issue, they contacted 26 random homeowners associations in town to see what regulations they had in place to deal with short-term rentals.  He said 13 HOAs had some limitation on the rentals but were “a little nervous to enforce that, because it might get tied up in a […]

Club West suit ends, but next steps uncertain (AZ)

One of the four owners of the Club West Golf Course said he and his partners will seek talks with the Foothills Club West Association Board now that a judge has ended the impasse in a lawsuit filed against the HOA.   Read the entire article……………………………….

HOA purchases golf course, raising homeowner dues (AZ)

The Sabino Springs Homeowners Association purchased the Arizona National Golf Club, which it surrounds, from Romspen Arizona National LLC for $1.5 million following a homeowner vote.  The purchase follows years of triumph and decline of the course dating to 2012, when existing owners fell behind in HOA assessments and water bills. The lack of payments […]

Local people solving local problems (AZ)

Some interesting real estate stuff is happening in Tucson regarding golf courses. Interest in golfing has steadily waned for years, to the point where there is not enough revenue to support the businesses or even physically maintain the courses. How will all this be resolved?   Read the entire article……………………………….

Court confirms Carefree’s right to land for reservoir (AZ)

After months of disputes, the superior court approved Carefree’s right to take immediate possession of land owned by the Boulders Homeowners Association for a water storage reservoir and denied the association’s motions to dismiss.    Read the entire article……………………………….

Man’s trash was waiting, then neighbors helped (AZ)

David Pizer likes to work in his yard, so he recently got his up to snuff.  Then he did what pretty much anyone would do: he put the bulk trash out to be picked up by the city’s Solid Waste Department.  A week later, it still wasn’t picked up.      So, he wrote a […]

HOAs reminded to care for washes, basins after flood (AZ)

The Sahuarita’s Department of Public Works earlier this month sent letters to eight HOAs informing them it was their responsibility to routinely maintain washes and retention/detention basins located in all of the common areas within their developments.   Read the entire article……………………………….

Foothills HOA experiment foregoes overseeding (AZ)

The grass won’t greener on one part of the Foothills Community Association’s common grounds this winter.  But Foothills HOA board member Jon Samuelson said that cost has nothing to do with the board’s decision to forego overseeding on about 5,000 square feet of land     Read the entire article……………………………….

Judge’s orders on Carefree water storage (AZ)

On September 24, 2021, a Judge of the Superior Court of Arizona, Daniel G. Martin, issued a Ruling pertaining to the ¾ of an acre parcel of Boulders HOA common area identified by the Town of Carefree as the desired future location of a 300,000 gallon water storage reservoir to serve the newly expanded Carefree […]

Club West HOA suggests it holds course’s land rights (AZ)

The Foothills Club West Association board hit back hard at The Edge’s claim that it has been holding up a resolution of the golf course suit and contended it has not lost the declarant rights to the course.  In a filing last week, the HOA board said, “All of the allegations made by The Edge […]