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 […]
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 […]