Many community associations struggle to obtain sufficient membership participation when seeking a vote or an action by the membership (e.g., amending the CC&Rs, special assessments, etc.). In those scenarios, associations should evaluate whether their governing documents permit the membership action to be taken without holding a formal meeting of the membership. A.R.S. § 10-3704 provides […]
While community associations can regulate an owner’s display of religious holiday decorations, they must act carefully to avoid claims of religious discrimination. One Idaho community association recently learned this lesson the hard way. In Morris v. West Hayden Estates First Addition Homeowners Association, Inc., a husband and wife (the “Owners”) purchased a home within the […]
Homeowners associations are tasked with upholding the community’s governing documents to preserve property values, maintain aesthetics, and promote community harmony. But what happens when an association waits too long to enforce a restriction? In those situations, a homeowner may raise a defense that could protect the homeowner from being obligated to bring the property into […]
The federal and state Fair Housing Acts (“FHA”) prohibit discrimination on the basis of, among other things, “familial status.” However, some homeowners’ association governing documents include deed restrictions that require residents to be of a certain age (usually 55 or older) in order to occupy a property. This type of community operates as an exception […]
Arizona’s condominium associations are often confronted with the question of whether to pass through, or not to pass through, certain common expenses to particular unit owners. This question derives from Arizona law, which, at A.R.S. § 33-1255(C), provides: C. Unless otherwise provided for in the declaration all of the following apply: 1. Any […]
It can be difficult to determine where the obligation to maintain, repair, replace, or insure starts and stops in an association where maintenance obligations cross over the boundaries of the property line. This is regularly the case in condominium associations where Owners may be responsible for the maintenance of Common Elements or the association may […]
Homeowners associations (HOA) in Arizona have a statutory right to enforce the homeowners’ assessment obligations through lien foreclosure. This can be a powerful legal tool—but one that must be handled with care, transparency, and full compliance with state law. The process is governed primarily by A.R.S. § 33-1807 (for planned communities) and A.R.S. § 33-1256 (for condominiums). This article outlines the key steps, legal requirements, and strategic considerations in pursuing lien foreclosure.
A special assessment is an assessment that is not contemplated in an association’s budget and is collected in addition to the regular assessments. With aging infrastructure throughout our communities, associations are turning to special assessments as an option to pay for their unexpected repairs and replacements. However, there are no statutory procedures in Arizona governing […]
The generally-recognized rule in Arizona is that “obstruction of a landowner’s view does not constitute a private nuisance absent a statute or an easement to the contrary.” See Van Baalen v. Jones, 2014 WL 3881985, *3, ¶ 13 (Ariz. App. July 31, 2014). Put another way, a landowner does not generally have a right to a […]
Planned communities located in the City of Scottsdale should be aware that on September 20, 2022, the City of Scottsdale adopted Ordinance No. 4567 that adds new Section 49-260 “Prohibition of Mandatory Turf Conditions by Owner’s Associations” to the Scottsdale Revised Code that addresses turf over-seeding and related issues.
Homeowners associations (HOAs) sometimes find themselves involved in legal proceedings related to enforcing restrictions, defending against homeowner claims, or resolving disputes with vendors or contractors. When this happens, board members and community managers may be asked to testify in court. Testifying can feel intimidating, but with preparation and understanding, you can provide effective, credible testimony […]
Carpenter, Hazlewood, Delgado & Bolen is pleased to announce that our online status report Client Portal for community managers and board members is now active. Enhanced features include a collection stage graph that categorizes accounts based upon the collection stage that they are in.
