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 […]
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 […]
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.
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.
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.
Some days, operating a community association can feel a little bit like a dumpster fire. The pool is closed at the beginning of summer due to unexpected repairs, Ms. Smith has called for the umpteenth time complaining of her neighbor who chain smokes on the balcony and blares music all night long, Mr. Brown has […]
As we near the 2024 General Election, we have already seen an increase in compliance concerns related to Political signs from our homeowners’ association clients. Many recorded deed restrictions in homeowners’ associations contain restrictions precluding the display of signs, including Political signs, within a Lot or Unit. However, Arizona Revised Statutes § 33-1808 (planned communities) […]
