Before you jump right in, please reference our Social Media in the HOA, Part 1, which is a quick lesson on different platforms HOA’s are typically using as online forums! Are HOA’s liable for what’s posted in online community forums? Well, it depends. We have outlined 3 quick tips on protecting yourself, and your HOA […]
Legal Fireworks in Arizona: A Quick Guide
Hide your dogs (and have a safety talk with your kids) the summer fireworks season is here. From May 20 to July 6 fireworks may be purchased legally in Arizona. In the winter, you can buy fireworks from Dec. 10 to Jan. 3. They can be set off from June 24 to July 6 in […]
With Memorial Day, Flag Day and 4th of July right around the corner… let’s talk flags! (AZ)
Neighbors are bringing our their Red, White and Blue in preparation for the upcoming patriotic holiday. Now is great time to review Arizona’s laws regarding flags in HOAs! Arizona law is quite clear on this issue. Pursuant to Arizona law (A.R.S. Section 33-1808 (A) and (B) for planned communities and 33-1261 for condominiums), an association […]
Why Your HOA Needs a Written Collections Policy (AZ)
Some Homeowners Associations are lucky enough to have minimal collections concerns. However some, are constantly dealing the delinquency of homeowners falling behind on dues. No matter where your HOA sits on this spectrum, it is vital for your community to have a written collection policy documented for the HOA, and a managing partner to handle […]
2017 Top Ten List on Arizona Open Meeting Law
Here it is! The list you’ve all been waiting for! We have compiled the absolute “need to know” bullet points about Open Meeting Law for Arizona Homeowners Associations. Read the article………….
Best Practices for Passing an HOA Budget
First, check your governing documents. These describe the manner in which the HOA budget is adopted each year. In most associations, the governing documents provide that the budget is adopted by the board or by vote of the owners. However, even when the documents give the board the right to adopt the budget, a vote […]
New Arizona Law Could Affect Homeowner Associations
Governor Ducey signed SB1350 on June 12, 2016, and it becomes effective January 1, 2017. The bill prohibits municipalities from restricting or regulating the ability of homeowners to use their property as vacation rentals and short-term rentals, with certain specified exceptions. Some homeowners welcomed this legislation because it removed obstacles to renting their home on […]
Happy Halloween – How to Best Handle Over the Top Halloween Displays
I love Halloween! It is one of my favorite holidays of the year. It’s only October 18th and I have already placed colored lights outside and have decorated our front door with a banner, scary door hanger with noises, a skeleton, pumpkins and a black cat. My children (ages 8 and 9) love all the […]
(AZ) HOA’s Best Resources for Water Conservation and Allotments
Sure, April is known for taxes, but the Grand Canyon State also spends this month celebrating the most precious of resources with Arizona Water Awareness Month! Make sure your community stays smart, sustainable, and responsible with these water conservation and allotment resources: Read the article………….
How To Recognize Volunteer HOA Board Burn-Out
It would be hard to overstate the importance of volunteerism: it’s quite simply how a lot of work gets done, from large, national programs to smaller and more localized organizations. According to the National Corporation for National and Community Service in a 2015 report, “over the past 13 years, Americans volunteered 105.9 billion hours, estimated […]
Impact of Homeowner Association (HOA) landscaping guidelines on residential water use (AZ)
The association between increasing water intensive land-cover, such as the use of turf grass and trees, and increasing water use is a growing concern for water-stressed arid cities. Appropriate regulatory measures addressing residential landscaping, such as those applied by Homeowner Associations (HOAs), may serve to reduce municipal water use, joining other water-use reducing measures under […]
Fireplace Safety in Your Home and HOA Community
For many, the essence of winter is curling up next to the warmth of a crackling fireplace while enjoying the sights of the snow-dusted scenery outside. Unless of course you live in a Arizona or Texas, in which case it’s much less likely that your home will have a fireplace. If you do have a […]
Help! We Can’t Get a Quorum at Our Annual Meeting
A common question that I receive from managers and board members is the following: What can an association do when it cannot obtain a quorum at the annual meeting? Read the article…………
“Help! Our Board Received a Board Removal Petition … What Should We Do?”
Recently, our firm received an urgent phone call from a planned community board asking for advice regarding a board removal petition submitted by a disgruntled group of owners in their association. Although there had been rumors that there was a removal petition circulating within the community, the Board was surprised to receive it nonetheless. Read […]
Arizona Court of Appeals decision clarified when and how a party must request attorneys’ fees on appeal
McKeddie Cooley was recently published in an Arizona Court of Appeals special action decision that clarified when and how a party must request attorneys’ fees on appeal. The case, Halt v. Hon J. Richard Gama, clarified the requirements of Arizona Rules of Civil Appellate Procedure 21. In reaching its decision, the Court of Appeals vacated […]
All About Hoarding: Tips for Arizona HOAs
If your HOA hasn’t already encountered a problem with hoarding in your community, odds are it will happen at some point in the near future. It’s a growing problem with HOAs across the country that can come with some pretty serious ramifications, particularly for condominium communities and multi-family buildings. Read the article…………
Fraud and Embezzlement in Your Association-How to Spot It & How to Avoid It
It has happened; there are funds missing from the checking account. Figures do not line up and you cannot get in touch with anyone. The board always sees a financial statement at each board meeting, so what went wrong? Any organization that believes it is immune from the fraudulent use of funds is destined to […]
What is a Disclosure Statement and Who Can Charge it?
An association may charge a “disclosure fee” to compensate the association for the costs incurred in the preparation of a disclosure statement furnished by the association pursuant to A.R.S. Section 33-1806 (planned community)/33-1260 (condo). Read the article………….
Landscaping With Artificial Turf in an HOA Neighborhood
With increasing concerns over drought and water conservation, artificial turf is growing in popularity. If your first thought is “ew,” you’re probably visualizing the scratchy plastic carpet in Aunt Edna’s sunroom or a miniature golf course. You may want to reconsider. Over the past several years, technology has dramatically improved the look and feel of […]
What Is a Construction Defect?
Most people are familiar with the term “construction defect.” But what exactly does this mean? Generally speaking, a “construction defect” is a deficiency in the design or construction of a building such that the building (or a component of the building) is not completed in a reasonably workmanlike manner, and/or fails to perform as reasonably […]
Community Upkeep, Maintenance and Avoiding Problems and Emergencies
First, always remember that CONTRACTS ARE LEGAL INSTRUMENTS ENFORCEABLE AGAINST YOUR ASSOCIATION. Be sure to read them carefully, properly bid your projects, sign on behalf of the association, and consult with your general counsel attorney if you are unsure about liabilities, terms, provisions, or implications of the contract. The other single most important thing that […]
6 Tips for HOA Media Crisis Management
If you’ve ever heard the term “any press is good press,” you also probably know that it’s a motto used by most celebrities, politicians, and even corporations in mainstream media today. Even less-than-favorable publicity is considered a bonus for these groups simply because of the brand recognition it creates. Read the article……………
Pools and Pool Safety
Does your board have a resident or vendor who likes to “prop open” the pool gate to make access to the association pool easier? Read the article………
Because It’s The Rules
There are seemingly two types of people who live in houses or condominiums that are subject to rules and regulations, known as Codes, Covenants and Restrictions, or “CC&R’s.” There are those who live there because there are CC&R’s, and there are those who live there despite the fact that there are CC&R’s. The concept behind […]
Going vertical: don’t forget about those pesky HOA fees!
For many Arizona homeowners, fees related to a homeowners’ association (HOA) are inevitable. Most homeowners dutifully hand over fees to their HOA when required, accepting that the fees necessarily come with owning a home in a planned community or condominium. In turn, the HOA maintains and improves roadways, common areas, and other features of the […]
Reconsider Videotaping Meetings
To video or not to video? Just like with running a business, managing an HOA, includes keeping detailed records. Traditionally, taking minutes of HOA meetings are one of the most common ways to record what was discussed or agreed upon. But recently, some HOAs have started to videotape meetings in place of conventional minutes. As […]
HOA Paint Projects – Planning is Key
We all wish that once a home was painted, we never had to touch that project again. Sadly, Mother Nature isn’t so friendly to paint, and almost every home will need new exterior paint around the 10-12 year mark. If your community is in need of a good paint job, don’t sweat! While painting is […]
Expansive Soil Information and HOAs (Arizona)
Expansive soil clays are made up of plate like particles, smaller than the eye can see, which absorb moisture between the plates and can expand to over 100% of the original size when wet. This “swell pressure” between particles can push up and crack concrete slabs, driveways, and walls that have less weight than the […]
ROADMAP: Transition from Developer Control (Arizona)
Obtain Necessary Documents – Obtaining documents that will be necessary or helpful for the association to function and conduct business is an important part of transition to avoid future problems and save the association time and money for years to come. We recommend using this checklist of documents to obtain from the Developer/Declarant: Minutes of […]
HOA Crime Prevention
Safety is one of the most important aspects of having a neighborhood that homeowners want to be a part of. Keeping crime and vandalism rates low or nonexistent should be a top priority for any HOA board, but accomplishing this may be more difficult in some neighborhoods than others. No matter the specific needs of […]
Managing Records Requests in Arizona
Rather than regurgitate legal jargon, we’ve boiled down the governing statutes for planned communities and condominium associations into these easy-to-digest points. Read the article……….
Check out your HOA guidelines on grills!
When the sun comes out to play, it is natural to crave delicious barbeque! As you prepare for the summer months, take some time to review your HOA’s policies on grilling. Depending on the type of homes in your area (condo, townhouse, patio home, etc.), HOA policy may restrict grilling based on building and fire […]
…Not much has changed by way of homeowners’ rights in Arizona in the past couple of years
Tenants and landlords often disagree about who is responsible for violations of the HOA’s governing documents during the tenancy. The answer depends upon the lease between landlord and tenant, but also sometimes is further defined by the governing documents. Read more………
CAI Best Practices: Ethics
Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply […]
How the Supreme Court Reacted to This Town Allowing Politicians Bigger Signs Than Churches
Today, the U.S. Supreme Court heard oral arguments in Reed v. Town of Gilbert, a challenge by a church to a town ordinance regulating signs. Read more………
Implementing a Maintenance Plan
Regular maintenance of common areas is one of the core responsibilities of a Homeowner Association or Condominium Development. An Association will always need maintenance. In order to maximize the preservation of property values, every Association should be proactive in identifying and addressing components of the common property which need regular maintenance. Failure to do so […]
Responding to HOA Records Requests in Arizona
HOAs and community managers receive requests for records and information almost daily. In this day where an HOA’s management team has limited resources, especially time, records and information requests need to be treated appropriately and efficiently. What is an Arizona HOA’s responsibility to respond to requests for records and information from its homeowners? […]
Annual Meetings In Arizona
Arizona law requires homeowners associations to hold at least one membership meeting per year. A.R.S. §33-1248(B). This meeting is commonly referred to as the annual meeting. Oftentimes, an association holds multiple meetings throughout the year; however, the annual meeting is specifically required by statute, and it provides an association’s members the opportunity to receive a […]
Guns at HOA Meetings- Arizona
Gun violence at HOA meetings is rare, but receives much media attention. No one will forget the tragic murders of two women and the wounding of three others in Arizona when a man opened fire during an HOA meeting in 2000. More recently is the shooting in Louisville, Kentucky where a homeowner shot and killed […]
Amending Governing Documents in Arizona
Arizona law requires homeowners associations to hold at least one membership meeting per year. A.R.S. §33-1248(B). This meeting is commonly referred to as the annual meeting. Oftentimes, an association holds multiple meetings throughout the year; however, the annual meeting is specifically required by statute, and it provides an association’s members the opportunity to receive a […]
Avoiding Law Suits in Arizona
No human interaction is without conflict. As soon as my kids were born, they started demanding things. Now, while we are no experts on raising children, my wife and I are able to address these conflicts before our children sue. In a similar way, conflicts arise and affect HOAs and condominiums, but boards and managers […]
Parliamentary Procedure: Amending a Motion
Most community associations use Robert’s Rules of Order (“RRO”) to govern both board and owner meetings. RRO is an effective tool which allows the chairperson to keep control of the meeting and at the same time ensure that members of the assembly are afforded the right to make motions, speak, and meaningfully participate in the […]
A Breakdown of Arizona HOA Fiduciary Law
In the HOA management industry, we often run into board members who not only don’t understand a law, but don’t even know it existed in the first place. Sure, most have a basic idea of what they can or can’t do and why they can or can’t do it; but, as a result of a […]
How to get Homeowners to Attend HOA Meetings (AZ)
What do ghost towns, Arizona saunas in the summer, and HOA meetings have in common? If you’re a board member and you hold regular meetings—as you should—you probably already know the answer to this question, and it has nothing to do with the heat; yes, the answer is a distinct emptiness and lack of enthusiasm […]
Capital Improvements vs. Reserve Fund Expenses
Capital improvements are projects where a new asset is added to the community. It is a project that, once installed, will then create operating expenses and future reserve expenses. A good example of a capital improvement type expense would be the installation of tennis courts when they do not already exist. Read more…………
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 more…….
An Update on Arizona HOA Laws for this Coming Year
Look out, Arizona board members! Another Congressional session has passed in this desert we call home, and with this new session a slew of new laws directed specifically towards regulating HOAs have entered the political arena. Unfortunately, this time they mean business. Read more……..