Homeowners are often surprised to receive monetary penalties for hundreds, or even thousands of dollars, for seemingly minor violations of the association’s governing documents. Although HOA’s may impose fines if they are authorized to do so by those governing documents, there are limitations on how such fines and penalties must be implemented and even vague […]
It’s Time: Collection of HOA/Condo Assessments (AZ)
Before an Association can turn a file over to a law firm for collection of delinquent assessments from an owner, Arizona law requires the following: Read the article………………………..
How to Increase HOA Homeowner Participation
An effective way to increase homeowner participation in homeowner associations (HOAs) is to encourage homeowners to get involved in events and to volunteer for the HOA Board of Directors or recognized committees. As obvious as this may sound, HOA boards and Committee members must find creative ways to increase community participation. In this article, we […]
It’s Time to Implement Best Practices for HOA Cyber Security
There is no question that digital solutions and online platforms can save tons of time for homeowners associations. Every paper process that can be replaced with a digital solution is probably worth exploring. The only problem with online solutions versus traditional paper document storage is the increased risk for hacks that put member and association […]
Arizona Prop 209: The Predatory Debt Collection Protection Act and How It Impacts Arizona HOAs
Arizona Proposition 209, otherwise known as the “Predatory Debt Collection Protection Act,” will directly impact homeowners associations and planned communities. Prop 209 states that an HOA will be limited in its ability to garnish a delinquent owners’ earnings or bank account. This is especially important for board members to understand as garnishment can be a […]
Contracting Around the Constitution?
The Goldwater Institute filed a brief in the Arizona Supreme Court last week urging the justices to review a case in which lower courts declared a law unconstitutional—and then said it could be enforced anyway. At issue was a contract in which the parties agreed to be bound by that law before it was declared […]
How to Handle Records Requests by Owners (AZ)
When an owner or member makes a records request it is important to act quickly. Once an owner or member makes a records request, Arizona law requires that all financial and other records of an association must be made reasonably available for examination by any owner or member within 10 business days from the date […]
How to Handle Rogue HOA Board Directors in Arizona
Every now and then, you come across a homeowners association board that has one board member who tries to take too much control, or overexert their authority. What recourse do you have when an HOA director goes rogue? Read the article………………………..
How to Effectively Handle and Avoid Most Negative News Coverage as an Arizona HOA
Whenever you see a story on the news about an HOA, the odds of it being positive are low. As a board member of an HOA in Arizona, your instinct kicks in, and you want to know what they are doing wrong. So, you jump on your laptop, conduct research on HOA Arizona bylaws or […]
6 Essential Tips for HOA Directors to Consider When Selecting a Management Company (AZ)
Finding the right HOA management company is one of the most important things the Board of directors can do to make sure their community is well run. An HOA management company takes on many of the day-to-day responsibilities of running the association. Directors serving on the Board are volunteers, and often have their own careers. […]
Cyber Security In HOAs (AZ)
In 2021, the average number of cyber security attacks increased by over 15%.[1] LinkedIn was source of the largest data breach in 2021 when over 700 million files were stolen. An increase in cyber related attacks should have everyone reviewing their cybersecurity plan. Read the article………………………..
Breed Restrictions (AZ)
Pets are like members of the family, so any type of HOA restriction that places limitations on an owner’s right to keep his/her pets within the home can be met with serious resistance. Breed specific restrictions, which are a subset of pet restrictions, are also very controversial. In the context of a Condominium, certain breeds […]
6 Tips for Planning HOA Events (AZ)
As the cooler temps are amongst us, what better time to get together for community activities? There is much to do during the fall months, no matter where you live. Let us talk about some fun events HOA Boards could offer in your community this fall and, most importantly, how to execute them effectively! Read […]
HOA Selective Enforcement
Owners purchase properties within homeowners’ associations under the expectation that the governing document provisions are being fairly and consistently enforced with all members alike. One of the Board’s primary responsibilities is enforcing the association’s governing documents. Keep in mind that if an HOA is inconsistent in its enforcement of specific rules, in the eyes of […]
ARIZONA HOA LEGISLATIVE UPDATE 2022
This year’s Arizona legislative session adjourned on June 25, 2022. The general effective date for new laws is September 24, 2022. Summaries for the new and/or amended statutes that impact planned communities and condominiums are below and the full text of the statutes can be found at www.azleg.gov. Updated copies of the Arizona Condominium Act […]
Why Arizona HOAs Should Consider Electric Vehicle (EV) Charging Stations for Their Community
The rapidly increasing shift from conventional vehicles to electric vehicles has led several states, including Oregon, California, Hawaii, Washington, Florida, and Colorado, to draft specific laws for them. This includes provisions regarding the installation of charging stations for the vehicles. In addition, while commercial charging stations are being built, various residential areas are also equipped […]
HB2275: CONDOMINIUM TERMINATION; UNIT OWNERS (AZ)
On March 30, 2022, Governor Ducey signed HB2275: CONDOMINIUM TERMINATION; UNIT OWNERS; HOAs into law which amends the Condominium Act. This new law applies only to condominiums and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.’s easy to understand explanation of the new law. Please contact Mulcahy Law […]
Are HOA Debts Subject to the FDCPA? (AZ)
he Fair Debt Collection Practices Act (“FDCPA”) is a federal law that establishes protection for consumers from abusive debt collection practices. The FDCPA covers debt used for “personal, family, or household purposes” incurred by a consumer. Generally, when people think of the FDCPA, they are considering credit card debt, third party-debt buyers, medical bills, student […]
HB2010: Flags; Homeowners’ Associations (AZ)
On March 30, 2022, Governor Ducey signed HB2010: FLAGS; HOAs into law which adds a new section to the Planned Communities Act (A.R.S. Section 33-1261 and 33-1808). This new law applies to both planned communities and condominiums and will become effective on September 24, 2022. Read the article………………………..
HB2158: Homeowners’ Associations; Political; Community Activity (AZ)
On March 30, 2022, Governor Ducey signed HB2158: POLITICAL; COMMUNITY ACTIVITY; HOAs into law which adds a new section to the Planned Communities Act (A.R.S. Section 33-1261 and 33-1808). This new law applies to planned communities and condominiums and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C. ‘s […]
New Law! HB2131: Artificial Grass Ban Prohibited; HOAs (AZ)
On March 30, 2022, Governor Ducey signed HB2131: ARTIFICIAL GRASS BAN PROHIBITED; HOAs into law which adds a new section to the Planned Communities Act (A.R.S. Section 33-1819). This new law applies only to planned communities and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.’s easy to understand […]
Most Common Issues that Lead to HOA Litigation in Arizona
HOA litigation might not be as common as other types of business litigation, but claims against a homeowners association or planned community can be expensive and prolonged. They can become a central focus for the board of directors and divisive for the community. Our firm has represented hundreds of associations and planned communities in Arizona […]
2022 Legislative Update (AZ)
The Arizona Legislature passed three bills, which Governor Ducey then signed, that have a direct impact on the community association industry. House Bill 2158, House Bill 2131 and House Bill 2010 will become law on September 24, 2022. Below is an overview of these three new laws. Read the article………………………..
HOA Docs and Priority: What’s Most Important? (AZ)
The sheer number of documents, rules, and regulations that govern HOAs can be downright overwhelming and confusing for HOA Board members and community homeowners alike! In order to avoid misunderstandings at to which rules or standards apply when, it is important to understand which governing documents take priority for your HOA. Read the article………………………..
Is your Sun City HOA in a volunteer crisis? (AZ)
As a director of the Condo Owner’s Association of Sun City, I hear over and over from condo associations we counsel (of which there are more than 380 associations in Sun City), “We cannot get volunteers to be on our board?” Read the article………………………..
Are HOA Debts Subject to the FDCPA? (AZ)
The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that establishes protection for consumers from abusive debt collection practices. The FDCPA covers debt used for “personal, family, or household purposes” incurred by a consumer. Generally, when people think of the FDCPA, they are considering credit card debt, third party-debt buyers, medical bills, student […]
The Increasing Need For Electric Charge Stations And Common Sense Rules (AZ)
From 2020 to 2021, the sales of electric vehicles doubled.[1] As gas prices continue to hit record highs, more people are turning their eyes towards an electric vehicle. With the rise in popularity of electric vehicles, community associations must address owners and residents’ ability to charge them. Read the article………………………..
What You Need to Know: HOAs and Legal Obligations (AZ)
Because HOAs and their Boards can exert such an influence over community members’ lives, it is important to understand what they are legally required to do and what they are prohibited from doing. And that requires understanding what HOAs even are in the first place. Read the article………………………..
Emergency Response Vehicles (AZ)
Most Planned Community Governing Documents include restrictions regarding the types of permitted vehicles and where those vehicles may be parked/maintained. However, the Arizona Legislature carved out specific exceptions for certain emergency response vehicles. Read the article………………………..
Can Your HOA Prohibit Short Term Rentals in Arizona?
As the popularity of short term rentals continues to grow, it is important for associations and planned communities to stay up to date on Arizona short term rental laws and how they apply to HOAs. We put together this article as an update to our previous post on some of the most common questions we […]
Sun City beginnings featured startup for two major community groups (AZ)
The story of Sun City Home Owners Association’s early history started by describing how those first 1,400 residents arrived in Sun City in 1960 and almost immediately recognized they would need to identify leaders to represent the fast-growing population. Read the article………………………..
6 Helpful Ideas to Increase Participation in Your HOA
Strong, healthy communities require participation and cooperation from HOA Board members, homeowners, volunteers, and HOA managers. But it seems that most people are busier than ever and being available for HOA meetings or events doesn’t always make it to the top of their to-do list! Read the article………………………..
What are Federal HOA Laws and How Do They Impact Arizona HOAs?
Arizona has many state specific laws for planned communities and condominiums, but there are several overriding federal laws that apply to all HOAs. All HOA board members and individual property owners should understand the federal HOA laws that apply to their association and how they impact operations in Arizona HOAs. Read the article………………………..
How Associations Can Successfully Manage Inflation (AZ)
In recent months, inflation in the United States has reached one of its highest levels in years at 9.1%. In light of this, HOAs/condos must be prepared to adjust their budgets and respond to inflation’s impacts through the use of loans, increased assessment rates, and reserve accounts. Read the article………………………..
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 […]
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 […]
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 […]