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Arizona Condo & HOA Articles Archive

/ Owner - June 28, 2012
  • 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………………………..
  • Do Water Lines Belong In A Reserve Study?
    When deciding whether a common area item belongs in a reserve study, refer to The National Reserve Study Standard four-part test: Is this item Association responsibility? Does this item have a limited useful life expectancy? Does this item have a predictable remaining useful life? Is the cost above a minimum threshold? Read the article………………………..
  • Are you covered?? (AZ)
    Insurance policies can be convoluted and confusing. Diligently reviewing your community association’s insurance policy to ensure that coverage (1) meets the minimum requirements imposed by the Governing Documents and/or applicable Arizona law (specifically as to Condominiums); and (2) meets the Board’s expectations, is vital.    Read the article………………………..
  • The Crucial Importance of Reserve Funds for HOAs: Lessons from the Surfside Tragedy
    In the aftermath of the tragic Surfside condominium collapse in Florida, the relevance and importance of Homeowners Association (HOA) reserve funds are shown in a new light. As we piece together the lessons from this unfortunate incident, it becomes abundantly clear that adequately funded reserve accounts are a vital part of responsible HOA management.   Read the article………………………..
  • Solar is Here To Stay (AZ)
    As evidenced by the rampant door-to-door solicitations, Arizona solar companies are becoming more and more prevalent. Arizona law (and the Arizona weather) favors the use of solar energy devices by homeowners within community associations. In fact, pursuant to A.R.S. Section 33-439(A), “ny covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, a real property which effectively prohibits the installation or use of a solar energy device as defined in section 44-1761 is void and unenforceable.”   Read the article………………………..
  • Post-Pandemic: Virtual vs. In-Person Board and Annual Meetings (AZ)
    Virtual board and annual meetings have become commonplace in the post-pandemic world. But, what happens when a homeowner doesn’t want virtual meetings and demands that the association hold in-person board or annual meetings?  Read the article………………………..
  • HB2298: Community Association Roadway Regulations (AZ)
    On April 18, 2023, Governor Hobbs signed HB2298 which amends A.R.S. §33-1818 regarding roadway regulations in a community association. HB2298 requires that a community association with public streets where the CC&Rs regulate on-street parking hold a vote of the members by June 30, 2025 on whether to continue to regulate on-street parking.    Read the article………………………..
  • Texas Court of Appeals Upholds Rental Time Period Restriction Amendment
    A recent opinion from the Texas Court of Appeals, Angelwylde HOA, Inc., v. Fournier, No. 03-21-00269-CV (Tex. App. Mar. 17, 2023), held that a 12-month minimum rental restriction, which was adopted in accordance with the amendment provision in the CC&Rs is valid and enforceable. While the case law is not binding upon Arizona community associations, Arizona Courts will likely be addressing similar issues in the near future.     Read the article………………………..
  • Unenforceable HOA Rules: How to Recognize and Address Them
    Homeowners Associations (HOAs) are responsible for creating and enforcing rules and regulations designed to maintain property values and promote harmony within the community. However, there may be instances where certain HOA rules are considered unenforceable. Understanding what constitutes unenforceable HOA rules and how to address them is essential for homeowners living in an HOA-governed community. In this comprehensive guide, we’ll delve deeper into the world of HOA rules and explore various scenarios in which these regulations may be unenforceable.   Read the article………………………..
  • HOAs Must Understand Use and Power of Contracts
    The board of directors in a homeowners association (HOA) is responsible for the functionality and governance of the community. One of the powers and duties delegated to the board of directors is the power to negotiate and enter into contracts, which is highly significant to the operation and bylaws of an HOA.   Read the article………………………..
  • Legislative Update: CAI Arizona LAC Final Bill Tracking Report
    As the end of the 2023 Legislative Session nears its end, Governor Hobbs has signed several pieces of legislation that affect planned communities and condominiums. On April 18, 2023, Governor Hobbs signed legislation that regulates whether a planned community has the authority to regulate public streets within the community. Find more details about that new law here. The additional new laws are as follows:   Read the article………………………..
  • HOA Board Member Roles
    As a homeowner in a community governed by a homeowners association (HOA), commonly referred to as a Community Association, you may be curious about the roles and responsibilities of the Board of Directors. The Board of Directors are elected by the association members to serve as their representatives and make decisions on behalf of the community.    Read the article………………………..
  • LEGISLATIVE UPDATE: Arizona HOAs and Public Streets
    On April 18, 2023, Governor Hobbs signed legislation that regulates whether a planned community has the authority to regulate publics streets within the community. The law does not apply to condominiums. This new law will go into effect 91 days after the legislative session concludes.   Read the article………………………..
  • 10 Tips for Successful HOA Board Members
    As a Board member of an HOA, you have an important responsibility to ensure that the association is running smoothly and effectively. Your fiduciary duty is to make decisions that reflect the best interests of the community and its membership. In this article, we will provide 10 tips for successful HOA Board members that will help you fulfill this duty and ensure the success of your community.    Read the article………………………..
  • Tips for Improving HOA Rule Compliance (AZ)
    Homeowners associations play a crucial role in maintaining the visual appeal, functionality, and overall value of the communities they govern. However, it can sometimes be challenging to encourage members to adhere to the rules and regulations set forth by the HOA.   Read the article………………………..
  • Ninth Circuit Affirms Summary Judgment Win by Law Firm in FCRA Class Action Case
    The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling in a Fair Credit Reporting Act class action, determining that the defendant’s decision to access the plaintiff’s credit report in order to obtain a mailing address so it could attempt to collect on a debt was neither willful nor a violation of the law.     Read the article………………………..
  • Assistance Animals (AZ)
    A recent case in Pennsylvania, U.S. v. The Dorchester Owners Association, No. 20-1396 (E.D. Penn. Jan. 25, 2023), ruled that The Dorchester Owners Association (“Association”) engaged in discrimination in violation of the Fair Housing Act (“FHA”) in connection with requests for assistance animals.   Read the article………………………..
  • Understanding Kalway v. Calabria Ranch HOA (AZ)
    Kalway v. Calabria Ranch HOA LLC arose from a dispute between a homeowner, Maarten Kalway, and his homeowners association, Calabria Ranch HOA LLC. Kalway is a case that affects all Arizona HOAs. The dispute was over amendments to the governing documents. The Arizona Supreme Court ruled that the Association did not provide proper notice to, or obtain consent from, Mr. Kalway. Ultimately, the Court ruled those provisions in the amendments that were not “reasonable and foreseeable” are invalid.   Read the article………………………..
  • Hot Topic Alert: Flags in Arizona HOAs and Condos
    Flying flags in Arizona HOA and condo associations is a hot topic in Arizona this week! Between the pending flag bills currently in the Arizona Legislature and a recent news story and TikTok Video regarding homeowners in Queen Creek wanting to fly or hang a Pride flag on their property, it is a good time for a refresher on what flags can legally be flown in Arizona HOA and condo associations.   Read the article………………………..
  • Association Contracts, What to Look for to Protect Your HOA
    HOAs often enter into contracts with contractors and vendors, but these agreements can contain hidden pitfalls that can cause trouble down the road. To ensure that your HOA is protected and avoids any unwanted surprises, it’s important to evaluate each contract carefully before signing. Here are some key factors to consider:    Read the article………………………..
  • Help! We’re Having Difficulty Finding Vendors and the Board Wants to Hire an Unlicensed Painting Contractor (AZ)
    I recently received a question at a seminar I was teaching regarding the hiring of vendors. An association was having difficulty finding a licensed and bonded painter to paint the exterior of all the buildings at the association and was considering hiring an unlicensed or bonded painter to do the work. The association was thrilled about the lower cost, but, a few members of the board were worrying about liability and they asked me to weigh in on this matter…   Read the article………………………..
  • Arizona Legislative Update for 2022
    House Bill 2158: Political Signs and Assemblies  The legislature amended laws related to political signs and assemblies, Arizona Revised Statutes §§33-1261 and 33-1808. This legislation applies to both planned communities and condominiums.    Read the article………………………..
  • When to Use a Code of Conduct for Board Members
    Our firm recently received the following question at a free virtual class we were teaching… “We have a candidate running for our Board who previously served on the Board. This candidate was asked to leave the Board at that time for engaging in unprofessional behavior. What can we do if this person is elected to ensure that the new director doesn’t cause problems and treat others poorly?”   Read the Q&A……………………………….
  • Be Wise When it Comes to Volunteers
    It is common for associations to create community engagement events where they seek volunteers to participate in bettering the community – especially at this time of the year when associations have spring cleaning on their mind! Such “boots on the ground” projects in which associations may look for volunteers include painting curbs red, community clean-up, or planting of new flowers in the common area.    Read the article………………………..
  • Defamation
    In the past two years, I have seen a significant increase in ‘bad’ behavior among residents. Whether verbal altercations, email campaigns designed to intimidate and harass or yard signs with insulating messages. Managers and board directors are suffering with the stress, anxiety and fatigue of dealing with such behavior.  Read the article………………………..
  • How to Handle a Short Term Rental Violation? (AZ)
    Question: We have a resident that has their casita and home on VRBO and Airbnb as a short term rental despite the fact that short term rentals are against our association’s CC&Rs. He has received notice and is now being fined, however refuses to pull the listing. Does our HOA have any legal actions we can take against the homeowner?   Read the Q&A……………………………….
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