Parking enforcement can be difficult in communities with private streets where street parking is regulated by the homeowners associations’ governing documents. A common question that arises is whether towing or immobilizing (booting) vehicles is a permissible and effective enforcement tool. Before taking such measures, the Association must ensure that is has the proper authority in […]
In the case of Show Me State Premium Homes, LLC v. George McDonnell, the United States District Court, E.D. Missouri, Eastern Division addressed the issue of whether a non-judicial tax sale in Missouri could extinguish federal liens held by the United States Department of Housing and Urban Development (HUD). The court concluded that such non-judicial […]
Arizona’s Legislature passed, and the Governor signed, House Bill 2141 into law on March 29, 2024. With the legislative session ending on June 15, 2024, HB2141 goes into effect on September 14, 2024. HB2141 amends A.R.S. § 33-1221 and addresses the rights of condominium unit owners to improve, alter and decorate their units. […]
As many of Arizona’s community associations may know, Arizona law provides that community associations may not prohibit the display of certain flags. The applicable statutes are A.R.S. § 33-1808(A) and (B) for planned communities, and A.R.S. § 33-1261(A) and (B) for condominiums. Subsection A lists the flags that residents may fly: (1) the American flag; […]
Homeowners Association boards frequently approach our office feeling stuck — having issued multiple notices and having levied monetary penalties with little or no impact. When violations persist and communication fails, many boards are uncertain about the next step, especially when that step might involve litigation. While most board members understand the legal process involved in […]
A “nuisance” is generally defined as an activity that interferes with the use and enjoyment of someone’s property. In Arizona, smoking—whether cigarettes, cigars, or vaping—can fall under this definition if the activity impacts neighboring units, lots, or common areas. When smoke drifts from one property to another it is often alleged that the conduct could […]
Proposition 209 the “Predatory Debt Collection Protection Act” (Arizona Petition I-05-2022) is a statewide ballot initiative that if passed will virtually eliminate an HOA’s ability to garnish an HOA member’s wages or bank account (one of the primary methods by which unpaid assessments are recovered).
Arizona House Bill 2298 The Governor has recently signed House Bill 2298, which mandates that every association overseeing parking on public streets, and whose CC&Rs were recorded prior to 2015, must conduct a membership meeting and a vote before June 30, 2025. The purpose of this meeting and vote is to determine whether the association […]
The Corporate Transparency Act (CTA) is alive and kicking and requiring all community associations that are registered as entities with Arizona’s Corporation Commission (likely as a nonprofit corporation) to report their Beneficial Ownership Information (BOI) with the United States Department of the Treasury Financial Crimes Enforcement Network (FinCEN). All community associations in existence prior to […]
On October 24, 2024, the United States District Court for the Eastern District of Virginia issued its ruling on the preliminary injunction hearing held on October 11, 2024 in the lawsuit filed by Community Associations Institute (CAI), and a handful of community associations, against the United States Department of Treasury, Janet Yellen, in her official […]
On September 10, 2024, the Community Associations Institute (CAI), an international not-for-profit research and education organization headquartered in Virginia, and in a representational capacity on behalf of volunteer community association board members, along with five community associations from various states, filed a complaint against the United States Department of Treasury, Janet Yellen, in her […]
When community associations engage a contractor to perform construction within the development, the contract between the association and the vendor will often reference the contractor’s right to record a lien against the association’s property. This is generally referred to as a “Mechanic’s Lien” and is governed by A.R.S. § 33-981 et seq. The Mechanic’s Lien […]
