Arizona Department of Water Resources (“ADWR”) has declared a goal of sustainable water supplies by 2030, which means major water reductions for associations in the coming years. ADWR creates management plans designed to hold the state accountable for water use. They have prepared a total of 5 plans to be enacted over five decades (1980-2030). […]
How HOAs and Condos Can Effectively Handle ADRE Petitions (AZ)
Over the past few months, our law firm has seen an increase in the number of petitions being filed with the Arizona Department of Real Estate (ADRE) against HOAs/condos for alleged violations of CCRs or state law. Here’s a quick overview of the ADRE process and some tips for HOAs/condos in this situation now or […]
Condos and Reasonable Accommodations (AZ)
What is the best way to handle a disabled resident requesting a driveway extension that violates our documents? Here’s a quick fact pattern… An association receives a request for a driveway extension because an occupant of the home is disabled and needs a larger driveway for mobility. The owner provided a detailed letter from a […]
What are the Homeowners Association’s Governing Documents? (AZ)
Many people are familiar with homeowners associations (HOA) as these kinds of communities make up a majority of neighborhoods in Arizona and have grown in exponential popularity over the past few decades. Yet even with homeowners associations as ubiquitous as ever, many homeowners still aren’t familiar with their community’s governing documents, which can lead to […]
What Insurance Does Your Homeowners Association Need? (AZ)
Though an absolutely vital aspect of any homeowners association’s (HOA) management, insurance is frequently overlooked. Often reviewed only as a budget line item, most communities do not take the time each year to reevaluate the changing needs of the community when it comes to insurance. Ensuring the community is properly covered against risk is not […]
Tips for HOAs/Condos Dealing with Hoarders (AZ)
There is a growing problem in community associations – hoarders. These owners hoard books, newspapers, trash, knick-knacks, furniture, scrap metal, tools, clothes, animals, rotting food and everything in between. Unfortunately, this is a common problem and has been identified as a serious behavioral illness. Read the entire article……………………………….
HOA/Condo Board Removal Process (AZ)
Your board has received a board removal petition… What should you do next? The procedure to remove a single board member or multiple board members from the board is outlined in A.R.S. 33–1813 (for planned communities) or A.R.S. 33–1243 (for condominiums). Read the entire article……………………………….
2021 Arizona HOA Legislative Update
The COVID-19 pandemic shuttered the 2020 legislative session. While there were several bills introduced in 2020 that would have impacted community associations, the legislature adjourned early and none of those bills were signed by Governor Ducey. The Arizona legislature got back to work in 2021, passing several bills affecting community associations. Read the entire article……………………………….
Quick 4-1-1 on Unapproved Architectural Modifications (AZ)
Here’s a question I’m often asked… An owner in our association made one of the following changes to their property without architectural approval… Here are some of the most common unapproved modifications we hear about on a regular basis: painting their home, adding a new garage door, changing out windows, building bonus rooms, guest homes, […]
9th Circuit reverses ruling in FDCPA case (AZ)
On June 8, the U.S. Court of Appeals for the Ninth Circuit overturned a district court’s finding that an obligation for a rental property cannot be “primarily consumer in nature” under the FDCPA. The plaintiff and his wife purchased two properties in the same community in Arizona. The plaintiff and his wife claimed that they […]
Selecting an HOA Vendor
How do you know where to start, who to trust, and how to find companies that will provide the best quality workmanship for your Association? Below are ten helpful tips that will guide you in the right direction when selecting a new HOA vendor: Read the entire article……………………………….
Productive Virtual Summer Meetings (AZ)
Its officially summer here in Arizona and that means that many people are leaving the Valley for cooler temperatures. It can be difficult to keep Board business going when so many people and Board members are away, but we have tips to make sure you can hold meetings and keep your association productive over the […]
It’s Worth It! Hire a Licensed Contractor (AZ)
Have you ever heard the phrase “penny wise but pound foolish”? One common mistake is trying to save a little money by hiring an unlicensed contractor. In the end, the unlicensed contractor ends up costing a lot more money for the association. Read the entire article……………………………….
Time to Update Association Documents! (AZ)
Have your Association documents been amended in the past decade? If your answer to this question is “NO”, now is the time to act! Almost every year over the past two decades, the Arizona legislature passed new laws regarding HOAs and condos. It is very possible your association’s documents are in conflict with many of […]
Tips on How to Handle Violations in an HOA/Condo (AZ)
One of the larger problems in HOAs/condos is getting owners to follow the CC&Rs, bylaws and rules. Some of the most typical violations by owners are the following: tenants not following rules, not getting ACC approval, failure to maintain landscaping, not putting away trash cans, parking, smoking, installing unapproved signs and flags and not paying […]
Choosing Vendors for the Homeowners Association (AZ)
Running any organization comes with a certain amount of stress, but this is especially true when your organization is a Homeowner’s Association. These organizations receive quite a lot of flak for their commitment to maintaining property standards and ensuring neighborhoods are kept up to par, but there’s no doubt that an enormous amount of work […]
Electrical Vehicles and HOAs/Condos (AZ)
Sales of electric and plug-in hybrid vehicles hit the two million mark in the United States in 2019, and continue to grow at a rapid pace. According to EV Sales Blog, registrations of plug-in electric cars rose 136% year-over-year for the period ending in February 2021. And with more auto manufacturers adding electric vehicles to […]
Neighbor vs. Neighbor Feuds & the Association’s Involvement
Hatfields vs. McCoys: Does our Board Have to get involved in feuds between neighbors in our HOA/Condo? Short answer: It depends. Sorry to be vague, but, each situation between feuding neighbors needs to be carefully evaluated in light of some recent changes to Fair Housing laws. Read the entire article……………………………….
Right Now Foreclosure is an Effective Tool for Collection of Delinquent Assessments (AZ)
Some Arizona associations are currently facing the challenge of dealing with owners who are habitually behind on their assessment payments. Sometimes these owners don’t remit payment for several years, and, some owners withhold assessments for months until they are finally contacted by the association. Read the entire article……………………………….
Danger! Warning Signs of Embezzlement (AZ)
One of a board of director’s primary responsibilities is to preserve and maintain the association’s assets. I agree, this doesn’t sound good and it is my opinion that the rest of your board needs to take swift action. First, all board members should have full access to all of the association’s books and records, including […]
Board of Director’s Code of Conduct (AZ)
A Code of Conduct describes the expectations of board members during, and in some cases after, their service to the community. While many of the issues addressed are already codified by Arizona law, adoption of a written, signed Code of Conduct provides a tangible framework for board members to reference and follow in furtherance of […]
Filling a Board Vacancy after Resignation (AZ)
Here’s a question our law firm often receives from boards: a director resigns from the board because he/she sells his/her home or the director no longer wishes to serve on the board. How should this vacant board position be filled? The board should first check its to determine the procedure to fill the board vacancy. Read […]
When to Use Legal Counsel for an HOA
When people think of obtaining legal advice, a specific image often appears you sitting across from a cigar-chomping man in an expensive suit. However, competent, ethical legal expertise is an important asset for all boards to acquire and lean on. In many situations, the right legal counsel can make the difference between running a successful […]
Fiduciary Responsibility of HOA Board Members
As a Board member, you are entrusted with the money, property and the day-to-day business of your Association. Serving on your Association’s Board can be an important way to positively impact and maintain the well-being of your community. However, to serve responsibly, as well as avoid potential legal liability, it is important to know what […]
2021 Arizona Legislature Update
The Arizona Legislature has been busy, with a total of 1,350 bills having been introduced as of last week, several of which may potentially impact community associations. Despite a spike in COVID cases among staff, and potentially members, the Legislature expects to continue moving forward virtually. Read the article…………………………………
Solar Energy & Arizona HOAs
Arizona Revised Statute Section 33-1816 (the Planned Communities Act) strictly prohibits planned communities from prohibiting the installation or use of a solar energy device. However, planned communities (HOAs) may adopt rules regarding the placement of these devices so long as these rules do not effectively prevent installation, impair the device’s ability to function or adversely […]
Tips: “Virtual” Annual Meeting (AZ)
With the Covid-19 Pandemic still in full force, it is our opinion that associations should be conducting their 2021 annual meeting via a “virtual” platform such as Zoom. Under Arizona law, A.R.S. 33-1804(B) and 33-1248(B), an association must conduct an annual meeting of its membership at least once a year. An annual meeting is conducted […]
2021 Arizona Legislature Update
The 2021 “virtual” Arizona Legislature is in full swing and many bills have been introduced already in this session. Short term rentals are a hot topic for HOAs/condos in Arizona. Below is a brief summary of three pending bills in the Arizona legislature on short term rentals. It is expected that aspects of each of […]
Help! We Received a Records Request (AZ)
HOA and condo owners in Arizona have broad legal rights to inspect and copy their association’s books and records. In fact, there are very few association records an association can withhold from disclosure to its members. Read the article……………………………
How to Help Aging HOA Residents
As a community’s population ages, the HOA board faces new challenges, and it can become more difficult to balance the needs of elderly homeowners within day-to-day operations. Simple adjustments and preparations can ensure that older residents feel valued and cared for. Read the article………………………………..
A Quick Overview of Board Member Responsibilities
I’m often asked for a quick 5 minute summary of what board members need to know to stay out of trouble while they are serving on their board. Here is a quick overview of a board member’s responsibilities. Read the article………………………………….
HOA Tax Returns: What You Should Know
The process of filing HOA tax returns is actually simpler than one might think, and our goal is to help the board better prepare for tax season! Here are a few answers to common questions regarding HOA taxes: Read the article…………………………………
Tips from Ten Months in the Trenches: How to Have “Legal” Virtual Board Meetings (AZ)
Let’s face it, the COVID-19 pandemic has changed how Arizona HOAs and condos conduct business. For everyone’s safety, in-person board meetings are not recommended until there is widespread vaccination in our country. Set forth below are “tips from ten months in the trenches” on how associations can comply with the Arizona Open Meeting law and […]
What will 2021 look like for HOA and Condo Boards?
While it is difficult to predict 2021 with 100% accuracy (hello…2020 COVID-19 pandemic!), here are our law firm’s 10 predictions for HOA and condo boards/managers in 2021. Read the article…………………………………
Legalized Marijuana & Community Associations (AZ)
During the 2020 General Election, Arizona voters approved Proposition 207, which legalizes and governs the adult use, regulation and taxation of recreational marijuana. On November 30, 2020, the Arizona Secretary of State certified the voters’ approval and the Proposition became the Smart and Safe Arizona Act (the “Act”). Please also note that local (County, City […]
Policies the HOA Board Should Consider
Policies help set the tone for how an association is run. From pets to towing to how conflicts of interest are handled, HOA policies are the guidestones for daily association operations and management. So, what policies should HOA boards consider to ensure their association runs effectively and efficiently? Read the article……………………………….
How to Handle Disaster Management for Your HOA
Despite our best efforts, disasters are regular occurrences and are most often out of our control. Whether predicted or unexpected, natural or man-made, disasters can occur without warning, so it’s imperative to have a plan in place. Read the article………………………………
Parking problems in the HOA
With the holidays fast approaching, homeowners will be spending more time at home, rendering more vehicles in the community. Now would be a good time to review your association parking policy to make sure it’s up to date and being fairly enforced. Since parking is one of the hottest issues in HOA-governed communities, it’s important […]
Unenforceable HOA Terms and How to Avoid Them
As part of the annual review and revision of governing documents, it’s important that HOA boards avoid using terms that will make association rules unenforceable. Doing so can help simplify otherwise complicated and messy conflicts, and can even help avoid costly litigation should the affected homeowner choose to take the dispute to court. Read the […]
Board Meeting and Annual Meeting Notice Requirements
Why are HOA board meetings important? In short, you can only make some decisions in a meeting. For example, most states require associations discuss and vote on financial business items only in an open board meeting. The legal requirements involved in what you can and can’t discuss in meetings makes each meeting important. Read the […]
HOA Inspection Service: What You Need to Know
You may not know that many HOAs are recommended, or even required, to have an onsite inspection as part of their reserve study. These inspections are an important part of ensuring quality association management and can help protect property values and avoid unexpected expenses. Read the article…………………………….
Common HOA Violations and How to Avoid Them
Most people know that when they live in an HOA, there are certain rules they’ll be expected to follow. An association’s governing documents contain Covenants, Conditions, and Restrictions (CC&Rs) that clearly state what is expected of its members. Yet, even with these expectations, HOA violations happen all the time. The good news is, with a […]
Maricopa HOAs: “Who’s In Charge Here?”
“Who’s in charge of my HOA?” Another loaded question! The answer: it has different levels and combinations of people and paper. The HOA is made of members, as defined by Arizona statutes and the governing documents, but it’s also the residents, management team, contracted vendors and service suppliers. Who’s in charge is the board of […]
How to Avoid HOA Violations
HOA’s are responsible for protecting the property values of the community. To do this, the board must enforce certain rules and restrictions. While some may find this to be a bit intrusive, the benefit of compliance with the regulations outweighs the inconvenience and benefits the homeowner. When the rules are followed, the homeowner doesn’t have […]
Political Signs in the HOA (TX, AZ)
With fall 2020 comes another presidential election cycle, making political signs an especially timely topic this year. To assist the board in supporting its community fairly and with empathy this election season, we’re going to cover the kinds of political signs that are protected by Texas and Arizona law and how community associations may regulate […]
New trend? Homes across the valley being sold in fractional interests…(AZ)
Our firm recently became aware of a home within an HOA community that is being offered for sale in fractional interests. (i.e. the owner of the home is selling the home in 1/8th interests). The HOA wanted to know what its legal rights and remedies are. The HOA had concerns with the possibility of many […]
Gun Control in Community Associations (AZ)
With election season upon us, it is important for board members and managers to be aware of, and prepared to address political hot button issues, including gun control. What are associations’ rights regarding gun control within the community, and how can the board effectively balance the associations’ right, owners’ rights and community safety? Read the article…………………………
Lien Priority – Where Does Your HOA Stand? (AZ)
Pursuant to A.R.S. Section 33-1256(B) / 33-1807(B), an HOA lien for assessments, late fees related to assessments and collection fees/attorney fees/costs incurred with respect to assessments has lien priority ahead of all other liens, interests and encumbrances on a lot/unit except: (1) liens and encumbrances recorded before the recordation of the declaration; (2) a recorded […]
Virtual Meetings: Easier to Reach Quorum (AZ)
Arizona law requires associations to hold an annual meeting each year. Due to the COVID-19 pandemic, holding an annual meeting in person this year has not been an option for many associations and our firm has not advised in person meetings since around March 2020. Our firm is currently recommending that our clients hold their […]