Many boards have taken the position that the board does not have an obligation to address reports of harassment in the community. Generally, boards try to avoid confrontation and are unsure how to deal with a resident who harasses others. Boards tend to be reluctant to escalate matters and incur legal fees. Read the […]
When can an Association foreclose against an Owner? (AZ)
The Laveen Meadows Homeowners Association (“Association”) filed a foreclosure lawsuit against a homeowner for unpaid assessments and other amounts. The homeowner did not respond to the lawsuit so the Association applied for a default judgment. The defendant then remitted payment for $5,000, which covered the entire balance of unpaid assessments. The defendant argued that this […]
3 Myths (and Truths!) About Parking Rules in the HOA (AZ)
The Discovery Channel’s popular “MythBusters” television show became a hit for a reason, and it’s not just for the hosts’ fun-loving personalities and wacky antics. After watching the show, viewers can finally understand – and explain to their friends – why commonly believed pop culture lore is (or isn’t) true. Homeowner’s associations are no different […]
Caution in the Face of Coronavirus: Running an Arizona HOA Without Gatherings (AZ)
Whether you’re urging people to just start washing their hands or your closet is filled with toilet paper, one thing is certain: coronavirus continues to spread. According to health professionals, one thing we can do to slow the spread is avoid group gatherings. Unfortunately, that’s not always easy to do when you are trying to […]
FHA Updates – Assistance Animals
The Fair Housing Act (“FHA”) prohibits a community association from discriminating against a person in providing services or facilities in connection with a sale or rental because of disability. Prohibited discrimination includes (1) a refusal to make reasonable accommodations; and (2) a refusal to permit reasonable modifications. Read the article…………………………..
Can a HOA prohibit firearms in Common Areas? (AZ)
Many Arizona residents own firearms and are permitted to carry them in public places with the proper permits. But do those permits apply to common areas in a homeowners association? Does the Board of Directors of a homeowners association have the power to restrict or prohibit firearms in common areas? Read the article………………………….
Navigating New HUD Assistance Animals Guidelines
On January 28, 2020 the U.S. Department of Housing and Urban Development (“HUD”) issued new guidelines regarding “certain obligations of housing providers under the Fair Housing Act (“FHA”) with respect to [assistance] animals that individuals with disabilities may request as reasonable accommodations.” A copy of the new guidelines may be found at https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf Read […]
Political Signage/Activities (AZ)
In what will assuredly be a contentious election year, it is important for community associations to be knowledgeable and cognizant of relevant statutes regarding political signage/activities. ARS Sections 33-1261 (Condominiums) / 33-1808 (Planned Communities) severely limit a community association’s power to restrict/prohibit political activities, including: Read the article……………………….
2020 Arizona Legislative Session
On Monday, January 13th, the Arizona Legislature’s 2020 session begins. One topic that’s guaranteed to be on the legislature’s agenda is short-term rentals. After signing a May 2019 law that regulated “party house” rentals through sites such as Airbnb and VRBO, Governor Ducey signaled in August that the law would likely be revisited in the […]
Security Cameras
Many homeowners, in both single family and condominium communities, are investing in their own security and surveillance cameras. Technology has made it extremely easy to access security footage on an individual’s cell phone. Further, a number of companies have released reasonably priced devices for individual usage. For example, a “Ring” doorbell allows the homeowner to […]
Board/Manager Relationship
The relationship between a community association board and the association’s management company (and community manager) is absolutely vital to the community’s success. How can your community association best ensure that this important relationship remains positive? Read the article…………………………..
Cumulative Voting in an HOA
Voting is an important aspect of homeowner engagement in an HOA, especially for annual meetings. Homeowners’ voices are heard through voting to adopt or amend the governing documents, levy a special assessment, or most notably, for the election of board candidates. Voting can be conducted in person, by proxy (in Texas, but not in Arizona), […]
Can Your HOA Say No to VRBO? (AZ)
In the not-so-distant past, if you wanted to get from one place to another without a car of your own, you would call a taxi, with your only choice being which of the many taxicab companies to call upon. Now, of course, calling a taxi is scoffed at as being “old fashioned” and overpriced, with […]
Code of Conduct
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 […]
Enforcement: Short-Term Rentals
Short term rentals are becoming more and more popular, especially in Arizona. Pursuant to ARS 33-1260.01(A) / 33-1806.01(A), “A member may use the member’s property as a rental property unless prohibited in the declaration and shall use it in accordance with the declaration’s rental time period restrictions.” Read the article……………………………..
Pay Your Assessments…Even if your HOA Refuses to Accept Them (AZ)
So you find yourself behind in your HOA assessments. The HOA lawyers are circling. Maybe they’ve threatened a lawsuit or already filed it? You call the HOA to try to find out how much you owe, but they just send you to the attorneys. You call the attorneys and leave countless messages. Or maybe they […]
Arizona’s Open Meeting Laws
It is really quite a simple and easy concept to understand: The board of directors generally must operate in open meetings. They cannot act in secret or transact business in closed meetings (except in very narrow circumstances). The statute states: Read the article………………………
Smile…You’re Being Recorded!
Arizona law gives homeowners the right to record all open board meetings. Persons attending may tape record or videoptape those portions of the meetings of the board and meetings of the members that are open. The board of directors of the association may adopt reasonable rules governing the taping of open portions of the meetings […]
Your Almost-Absolute Right to Inspect Records
Arizona law is clear on the subject of your HOA’s records — as a member of the HOA, you have the right to inspect and copy any and all association records. Meeting minutes, financial records, bank statements, vendor’s contracts, bills, invoices, checks, voting records…just about anything! Read the article…………………………
My HOA got a $1,200.00 judgment against me. So why are they saying I owe $6,000? (AZ)
If you live in a homeowners association and have ever fallen behind on your assessments, chances are good you received one or more letters threatening legal action. If you have been unlucky enough to be sued by your homeowners association and lost, chances are very good that your homeowner association has added court costs and […]
Can they really shut off my water? (AZ)
Homeowner and condominium associations are increasingly adopting policies for shutting off water or other utilities where an owner has fallen behind in his or her assessments, owes fines or penalties for violating the governing documents, or is supposedly refusing to follow rules. Although people who own in a homeowner association generally are obligated to pay […]
What happens after the bankruptcy discharge: An emerging (and disturbing) trend in foreclosure, bankruptcy, and HOA law (AZ)
The prevalence of foreclosures in the real estate market has had several unexpected repercussions to distressed homeowners who have made the decision to walk-away from their home. Banks appear to be unable, incapable, or unwilling to handle the volume of foreclosures, so a distressed homeowner may continue to own his or her home for months, […]
Need for Collaboration: Architectural/Design Review Committee
The establishment, composition, function and scope of authority of the architectural or design review committee is typically set forth in the association’s CC&Rs. It is important for each member of the committee to be familiar with the relevant architectural/design provisions in the CC&Rs, along with any properly adopted architectural/design rules, so that the committee can […]
Why are there so many homeowners associations in metro Phoenix? Valley 101 podcast answers
Homeowners associations are a controversial topic in Arizona, and with good reason: Arizona is No. 10 in the nation for number of community associations. According to the Community Associations Institute analysis of 2017 data, there are 9,600 homeowners associations, condominium communities and housing cooperatives in the state. Almost two million Arizonans live in one. How […]
Declarant Contracts, Including Easements, Can Be Voided (AZ)
Becker Boards Summit, LLC v. Summit at Copper Square Condominium Association – 2018 WL 6695279 ( 2018 Ariz.) Issues: The court in this case addressed two important issues: Can a Developer, before turnover, amend a Declaration to convert Common Element to Limited Common Element for the benefit of a Developer Unit? Can Developer contracts entered […]
Responding to a Records Request (AZ)
Your Board, or management company, received a records request from a member – what should you do next? First, it is important to keep in mind that Arizona law requires Planned Communities (A.R.S. Section 33-1805) and Condominiums (A.R.S. Section 33-1258) to make all financial and other records of the association reasonably available for examination by […]
Responding to a Records Request
Your Board, or management company, received a records request from a member – what should you do next? First, it is important to keep in mind that Arizona law requires Planned Communities (A.R.S. Section 33-1805) and Condominiums (A.R.S. Section 33-1258) to make all financial and other records of the association reasonably available for examination by […]
Political Signs in Your HOA Community: Guidelines for the Upcoming Elections (TX, AZ)
Most cities, counties, and states have laws established regarding the number of political signs a homeowner can post on private property. There are also limits on the size of sign allowed. It’s important that the board understands what is allowed in the community before implementing any rules regarding political signs. Read the article……………………
Inconsistency in Governing Documents
Most community associations have a number of legal documents that govern the use of the property within the association. The documents may include, but are not limited to: the Plat, the Declaration of Covenants, Conditions and Restrictions (CC&Rs), the Bylaws, the Rules and Regulations, Architectural Guidelines, and the Articles of Incorporation. In addition to being […]
Help! We have a tenant in our association who is not following the association’s rules. What are our legal remedies? (AZ)
In my opinion, the best way to get a tenant to comply with the association’s documents is to aggressively pursue the owner for the tenant’s violations. Most association documents state that a landlord/owner is responsible for the behavior of their tenants and guests. Once the landlord/owner figures out that the tenant is starting to cost […]
FHA Requests for Reasonable Accommodations and Modifications (AZ)
The Fair Housing Act (“FHA”) prohibits a community association from discriminating against a person in providing services or facilities in connection with a sale or rental because of disability. Prohibited discrimination includes (1) a refusal to make reasonable accommodations; and (2) a refusal to permit reasonable modifications. In a community association context, a common example […]
How to Effectively Deal with a Bully in a Community Association (AZ)
Most Members in an Association understand that rules and social decorum dictate how they are to interact with Board members, Association employees, and other members. However, there are a small percentage of people that do not abide by rules and social decorum and they are always looking for a fight. These people need to be […]
Preventing Theft of Association Funds
We aren’t the only ones that have seen this in the news week after week! Theft of association funds has unfortunately become common in community associations throughout the nation. No board of directors ever wants to find out that money that is needed to run the association and maintain the common area is now gone […]
Turtle Rock III vs. Fisher – The Effect of Fine Enforceability in Arizona HOAs (AZ)
Last year, the Arizona Court of Appeals decided the case of Turtle Rock III Homeowners Association v. Fisher, resulting in a landmark ruling with the potential to have a major impact on an Arizona association’s ability to assess and collect fines. In its ruling, the Court of Appeals held that an association must: Read […]
How to Hold an Effective HOA Board Election
In any homeowners association, HOA Board elections can potentially become contentious, time consuming and complicated if not started off on the right foot. Holding an effective and fair HOA Board election is an annual event that helps decide who gets the responsibility for managing an HOA’s major financial matters and property maintenance issues. It is […]
Committing to Committees
With August already behind us, many of you know the 2019 budget season is already upon us. Managers have already begun to pull various financial reports in order to start compiling their budgets to present to their Boards of Directors. As anyone in the industry will tell you, the budget process is a straightforward one, […]
How to Become Tax Exempt as an HOA (TX, AZ)
Being tax exempt could save your HOA money in annual tax return forms, but achieving exemption is trickier than it looks. Homeowners associations are usually already considered nonprofit corporations, but just being a nonprofit doesn’t automatically make an HOA tax exempt, or even eligible for tax exemption. Here, we’re going to answer some basic questions […]
Goldilocks Approach: Hoping to Keep Grass Green and Water Waste Down (AZ)
Jose Alvarez, a supervisor at R. H. Dupper Landscaping, stood up from changing a sprinkler nozzle on a large grassy field at a homeowner’s association (HOA) in Chandler, Arizona. He surveyed the turf, a patchwork of green and brown. “It looks terrible,” he said. “The sprinklers, they don’t have enough pressure, and they spray, like, […]
9th Cir. Holds Judicial Foreclosures Are Debt Collection Under FDCPA
A panel of the U.S. Court of Appeals for the Ninth Circuit recently held that a law firm’s effort to collect homeowner association (“HOA”) assessments through judicial foreclosure constitutes debt collection under the federal Fair Debt Collection Practices Act. In so ruling, for purposes of whether activity constitutes debt collection under the FDCPA, the Court […]
Association Reserve Studies
There are an estimated 342,000 community associations in the United States today and that number is growing rapidly, but only a small percentage of those communities have the financial protection provided through a professional Reserve Study to ensure the continued value of the common community assets. It is well known that the board of directors […]
4 Useful HOA Board Recruitment Strategies (AZ)
Finding the time to volunteer for anything these days is challenging with our busy schedules. Additionally, finding people willing to volunteer is sometimes even more challenging, especially when it comes to the HOA board. For community associations, member involvement is crucial to providing responsible and successful management of the HOA. We’ve provided some tips on […]
Communication Conundrum
Communication between the association and homeowners, whatever form it takes, is a crucial part of successful HOA management. Consistent and open communication can mean the difference between a happy community and a mob of angry homeowners. If you ask any Community Manager or management company employee, they will tell you that the number one complaint […]
Board Responsibility/Budgeting (AZ)
You often will hear new board members ask their manager or management company just “what exactly is my responsibility as a board member?” While the Bylaws generally do a satisfactory job in explaining the day-to-day duties of each officer, they (Bylaws) often miss the mark on what the board’s main objective is. The main focus […]
Who Can Serve on the HOA Board? (AZ)
Raise your hand if you want to serve on the HOA Board! Don’t all jump up at once… Finding volunteers to serve on your HOA board is not always an easy task. Even if you struggle to get enough homeowners to agree to serve, your governing documents and Arizona state law likely require you to […]
The Language of HOAs: Terms You Should Know
Now that you’re on the board of your homeowner or condominium association, it’s time to jump right in and start making a difference for your community. But before you begin, it’s important to get clarity on a few important terms all Arizona board members should know. Don’t worry – there’s not too much to learn. […]
HOA Spring Landscaping: It’s Not Just Trimming the Trees (AZ)
Spring is just around the corner. How’s your landscaping? Now is the best time to look at the “spring cleaning” matters in landscaping. Do your plants just need trimming maintenance? Arizona Municipal Water Association gives these easy tips for how to prune which plants, properly. They also have a handy maintenance schedule you can follow. […]
The Importance of Ongoing HOA Board Education
Serving on the board of your homeowners association is going to feel like a totally new and unique experience. Despite previous experience serving on any board, non-profit or for-profit, get ready for a new ride! An HOA (homeowners association or community association) is complex, diverse, and multi-faceted. It’s consistently changing as new state laws, new […]
Questions about Snowbird Rules in the HOA, Answered (AZ)
Arizona is known for being a warm getaway for snowbirds that want to escape the freezing temperatures that much of the United States experiences in winter. “New” neighbors are moving back into their community associations every day since fall has commenced. As a result, it’s not uncommon for residents in Arizona HOA communities to have […]