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Arizona Condo & HOA Articles Archive

/ Owner - June 28, 2012
  • Is Investing HOA Reserve Funds the Right Move?
    In the world of Homeowners Associations (HOAs), managing reserve funds effectively is crucial for maintaining property values and ensuring the community’s long-term financial health. A question that often arises is: Can HOAs invest their reserve funds? The answer isn’t straightforward, but understanding the nuances can help HOA boards make informed decisions.  Read the article…………………………….
  • The importance of effective condo association management
    Have you ever wondered why effective condo association management is crucial?  It ensures that everything runs smoothly in your community. Proper management handles finances, maintenance, and regulations. It keeps the property value high and residents happy. Don’t underestimate its importance.  Learn more and see how you can enjoy top-notch condo association management today!    Read the article…………………………….
  • 2024 Arizona Legislative Update
    The Arizona Legislature passed seven bills, which Governor Hobbs then signed, that have a direct impact on the community association industry.  House Bill 2648, House Bill 2662, House Bill 2698, Senate Bill 1432, Senate Bill 1016, House Bill 2141, and House Bill 2119 will become law on September 14, 2024, which is 90 days after the adjournment of the legislature. Below is an overview of these four new laws.     Read the article…………………………….
  • Flying Flags in Arizona’s Community Associations
    As many of Arizona’s community associations may know, Arizona law provides that community associations may not prohibit the display of certain flags. The applicable statutes are A.R.S. § 33-1808(A) and (B) for planned communities, and A.R.S. § 33-1261(A) and (B) for condominiums.   Read the article…………………………….
  • 2024 Legislative Updates: Proposed Arizona Bills and Amendments
    With Arizona’s 2024 Legislative session in full swing, we review twenty-four bills that include proposed amendments or additions to Arizona’s Planned Communities Statutes and Condominium Act. At Carpenter, Hazlewood, Delgado & Bolen, we strive to provide the community association industry the most recent updates to the Arizona Legislative session and the bills that may affect community association operations.    Read the article…………………………….
  • The Challenges Of Finding And Affording Insurance Coverage (AZ)
    Many condominium associations are finding that insurance premiums for their buildings are drastically increasing or that the insurance carriers are not offering to write any insurance coverage, regardless of cost. There are numerous reasons why insurance premiums have increased such as natural disasters around the country, insurers pulling out of the market leaving less competition, and inflation.   Read the article…………………………….
  • Community Interest Legislative Changes 2024 (AZ)
    There are several legislative changes from the Arizona Legislature in 2024 that could potentially affect your HOA or Condominium Association. Click the link below to read our summary of these changes.    Legislative Changes 2024………….
  • What You Need To Know About The Growth In Condo/HOA Recall Elections (AZ)
    Two of HOAleader.com’s expert community managers say they’re seeing a notable spike in recall elections.  Is it possible these two managers are somehow in the eye of recall tornadoes that have touched down only in their states—Oregon and Florida?  Unfortunately, no. Some of our other experts are also tracking these events that can leave destruction in their wake. Here’s their advice to help you avoid these conflicts in the first place.     Read the article…………………………….
  • Best Practices for Disaster Preparedness and Response in Arizona HOAs
    In Arizona, where natural disasters such as wildfires and floods are not uncommon, an effectively tailored emergency response plan is imperative for Homeowners Associations (HOAs) to safeguard lives, properties, and maintain order amidst chaos. These plans are critical in reducing confusion, preventing unnecessary expenses, and minimizing the risks of fraud during and after a disaster.    Read the article…………………………….
  • Maximizing Efficiency with Technology in HOA Management in AZ
    HOA management in AZ has transformed with the advent of technology, providing homeowners associations (HOAs) and property management services an edge in administrative efficiency and community engagement. Technology streamlines the exhaustive processes involved in HOA management, from financial record-keeping and dues processing to maintenance coordination and community oversight.    Read the article…………………………….
  • Emotional Support Pets and Weight Restrictions
    In a recent case out of New Jersey, Players Place II Condominium Association Inc., v. K.P., No. 088139 (N.J. March 13, 2024), the New Jersey Supreme Court evaluated whether an emotional support pet, which exceeded the community’s weight restrictions, was permissible under The Fair Housing Act (“FHA”).  The association in this case had a rule limiting pets to a maximum weight of 30 pounds. The owners in this case adopted a dog weighting 63 pounds and requested an accommodation under the FHA.     Read the article…………………………….
  • Arizona HOA: An Essential Guide to Cultivating Transparency and Trust
    Navigating the responsibilities of an Arizona HOA, transparency and trust emerge as pillars essential to cultivating a thriving community. Governed by the Arizona Planned Community and Condominium Acts, these associations are not just about enforcing rules or managing common areas; they’re also about fostering an environment where every member feels heard, valued, and engaged.   Read the article…………………………….
  • Community Cohesion
    While HOAs can sometimes be subject to misconceptions, cultivating community cohesion can transform them into vibrant, valuable communities. Community cohesion entails a sense of solidarity, trust, and active participation among residents, ultimately elevating the HOA experience. Here are five compelling reasons why nurturing community cohesion can propel an HOA in Arizona to new heights:    Read the article…………………………….
  • The Importance of Communication
    Effective communication stands as the cornerstone of success for HOA/condo associations. From fostering transparency to nurturing a sense of community, clear and consistent communication channels can distinguish excellent associations from mediocre ones. Set forth below are some strategies to promote outstanding communication skills within your community:   Read the article…………………………….
  • Increase Annual Meeting Attendance (AZ)
    It’s Annual Meeting Season! Our firm has been busy helping clients prepare for and execute successful annual meetings. After all, the Association’s annual meeting is the Association’s TIME TO SHINE!    Read the article…………………………….
  • Arizona Law Mandates Open Meetings for Planned Communities
    In Arizona, homeowners’ associations are governed by a law that promotes transparency and resident participation. The statute, A.R.S. § 33-1804, is part of the state’s Planned Community Act and requires associations to conduct open meetings with only a few narrow exceptions.  Subsection (A) of the law sets forth the general rule: all meetings of an association and its board must be open to all members, who are entitled to attend and speak.     Read the article…………………………….
  • What is HOA Balance Sheet And How To Read Them?
    As a member of a homeowners association (HOA), it’s important to understand the financial health of your community. One key document that provides insight into an HOA’s financial position is the balance sheet. In this post, we’ll explain what an HOA balance sheet is, review its key components, and provide tips on how to read and interpret this important financial statement.     Read the article…………………………….
  • Guiding Arizona Homeowners Associations Through the Federal Corporate Transparency Act Compliance and Reporting
    In the ever-evolving legal landscape, homeowners associations (HOAs) and planned communities in Arizona find themselves with some new reporting requirements from the Federal Corporate Transparency Act (“CTA”). This new piece of legislation, aimed at curbing illicit financial activities, necessitates meticulous attention from associations to ensure compliance. As directors, board members, and community managers grapple with these new directives, it becomes imperative to understand the implications of the CTA and embrace a proactive approach to compliance.   Read the article…………………………….
  • Arizona: The Ultimate HOA Records Retention Guide: What You Need to Know
    HOA records retention is not just a procedural formality; it’s essential for effective association management. It’s the cornerstone for continuity, aiding decision-making, and assists in navigating legal processes. Every HOA board member knows the importance of maintaining organized and accessible documents—from board minutes to financial records. What’s more, categorizing these essential records, such as tax returns and maintenance histories, is critical since they hold informational value and are indispensable in legal compliance.    Read the article…………………………….
  • HOA Codes of Conduct and Why They Are Unenforceable
    Codes of Conduct are all the rage in HOAs and condominium communities. Some associations are even attempting to insert these Codes of Conduct into their bylaws, declarations, and other governing documents.  There’s just one major flaw with Codes of Conduct — they are invalid and unenforceable.    Read the article…………………………….
  • What Are the Rules and Regulations of the HOA in Scottsdale, AZ?
    Each homeowners association (HOA) and multifamily property is unique. In Scottsdale and all throughout Arizona, you will find various HOAs. Each one may have different laws. There are many rules and regulations that HOAs have and here’s a look at some of them.    Read the article…………………………….
  • Arizona Court of Appeals Holds Severance Damages Unavailable for Homeowners Whose Easements were Extinguished in Eminent Domain
    The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned.    Read the article…………………………….
  • 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    Read the article…………………………….
  • 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…………………………………
  • What Documents Can I Request From My HOA in Arizona?
    If you live in a homeowners association (HOA) in Arizona, you have the right to request and review certain HOA documents. Being informed about your HOA’s finances, policies, and operations is important to understand how your community is run.   Read the article………………………………
  • The ins and outs of short-term rentals in your neighborhood (AZ)
    Defined as “lodging rentals for less than 30 days” by the Arizona Department of Revenue, short-term rentals are becoming, to some, a preferred way to travel and stay in an area for a couple of nights or more.   Read the article……………………………
  • Reserve Studies Made Simple
    A reserve study is a budget planning tool that provides a detailed evaluation of a homeowners association’s common area assets and an analysis of its reserve funds. Physical Analysis  A reserve study provider performs an on-site inspection to evaluate the physical condition and repair/replacement cost of the association’s major common area assets. Financial Analysis  Read the article……………………………….
  • Holiday Decoration Policy (AZ)
    As we step into the season of festivities, we have a couple questions for you: Has your association adopted a holiday decoration policy? And does that policy encompass Halloween decorations?   Read the article………………………
  • Insurance Essentials for HOAs: A Guide to Safeguarding Your Community
    Homeowners’ associations play a pivotal role in the upkeep of communities. From landscaping to shared amenities, HOAs are responsible for numerous tasks that enhance residents’ living experience and preserve property values. A large part of these responsibilities is planning for the long-term viability of the community. This is why finding and maintaining appropriate insurance coverage for any association or planned community is essential.    Read the article……………………………………
  • Responding to a Records Request (AZ)
    Pursuant to Arizona law (Planned Communities Act A.R.S. Section 33-1805 and Condominium Act A.R.S. Section 33-1258), community associations are required to make all financial and other records of the association reasonably available for examination by a member or a member’s designated representative. Records requests are frequently made in connection with a dispute with an owner, and oftentimes those requests may seem burdensome to the Board and/or intended to inconvenience the Board.   Read the article………………………….
  • Master-Planned Communities Associations vs. Sub Master Associations: Understanding the Differences
    Master-planned communities are large housing developments that typically feature various neighborhoods, sub-divisions, recreational facilities, amenities, and possibly multiple builders. They also usually represent a blend of lifestyle, convenience, and quality living, offering residents a variety of housing options.    Read the article……………………………..
  • Arizona Wants to Take Condo Owners’ Property and Sell it to Somebody Else
    Arizona thinks that some people ought to be able to take other peoples’ property when they can put it to “better use.” We think not.  Under the Arizona Condominium Act, a supermajority of condo owners can force a minority of owners to sell their units against their will. That’s exactly what happened when an LLC called PFP Dorsey Investments bought ninety out of ninety?six units in a condo building in Tempe and then forced the sale of the remaining six units to itself—never mind that the remaining owners, including Jie Cao, did not want to sell or to leave their homes.    Read the article………………………………..
  • Unattended Vehicles in HOAs/Condos: A Growing Challenge (AZ)
    In this blog post, we will delve into the intricacies of dealing with unattended vehicles in condominium parking garages, exploring the legal implications, practical challenges, and potential solutions. Whether you’re a condominium board member, community manager, or a concerned homeowner, this information will help you navigate this growing challenge effectively. Please note that the tips provided can also be applied to vehicles left unattended in open-air parking lots.   Read the article………………………..
  • Arizona: 2023 Legislative Update
    The Arizona Legislature passed five bills, which Governor Hobbs then signed, that have a direct impact on the community association industry.  House Bill 2251, House Bill 2298, House Bill 2301, Senate Bill 2010, and House Bill 2607 will become law on October 30, 2023, which is 90 days after the adjournment of the legislature. Below is an overview of these four new laws.   Read the article………………………..
  • Homeowner Files Cert Petition Over Whether an HOA Assessment Qualifies as a “Credit Transaction” under the FCRA
    The U.S. Supreme Court has been asked to decide whether a homeowner association (HOA) assessment constitutes a “credit transaction” under the Fair Credit Reporting Act (FCRA), which would open up an inquiry to the fundamental scope of one of the FCRA’s most important permissible purposes.  Read the article………………………..
  • Who Enforces CC&Rs When There Is No HOA In Arizona?
    Arizona has thousands of homeowners associations and the homeowners who live in communities governed by HOAs understand that if they fail to follow the restrictions set forth in the association’s governing documents, which usually include a Declaration of Covenants, Conditions, and Restrictions, or CC&Rs.   Read the article………………………..
  • Can You Sue An HOA In Arizona?
    It’s no secret that Arizona homeowners associations (“HOAs”) hold tremendous power over homeowners. It’s also no secret that many HOAs, HOA boards, and their management companies abuse that power when dealing with homeowners. Unlike homeowners associations, which can issue fines and impose liens on homeowners’ properties, homeowners have few options to enforce their rights when an Arizona HOA is asserting power unlawfully or failing to adhere to its obligations under the governing documents and Arizona statutes.    Read the article………………………..
  • HOA Special Assessment- What is it?
    Homeowners Associations (HOAs) are known for imposing various types of fees to maintain and enhance community living. Among these charges, the concept of “HOA special assessments” may arise, often leaving homeowners puzzled. What are special assessments, and why are they necessary?   Read the article………………………..
  • Arizona Statutes Protect Homeowners’ Rights to Assemble
    Recent amendments to the Arizona Condominium Act and the Arizona Planned Community Act provide important protections to property owners who wish to assemble and use to common areas of the community for meetings.   Read the article………………………..
  • Final Demand Letters: A Comprehensive Guide to A.R.S. 33-1807(K) Compliance (AZ)
    Homeowners’ associations (HOAs) and condominium associations play a vital role in maintaining the harmony and integrity of planned communities. To ensure timely payment of assessments, these associations may need to resort to a collections process when homeowners become delinquent. It is vital for board members to understand and follow the legal procedures outlined in Arizona statutes when sending a final demand letter.   Read the article………………………..
  • 2023 Legislative Updates and How They Impact Your Community (TX/AZ)
    That’s a wrap! We’ve reached the end of our 2023 legislative session in almost every state. If you live in an HOA in Texas or Arizona and want the breakdown of what you need to know moving forward, we’ve got you covered!  If your community is in a state other than Texas or Arizona, check on your local legislative updates to ensure your governing documents are accurate and meeting requirements.   Read the article………………………..
  • The ups and downs of communities with HOAs (AZ)
    In many communities, homes aren’t just part of a neighborhood. They’re part of a homeowner association, a body that regulates certain aspects of homeowner conduct, a home’s appearance and common areas in a neighborhood.   Read the article………………………..
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