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 […]
Arizona law addresses when livestock owners are liable for animals that stray onto another’s property and what remedies are available to affected property owners. For homeowners associations, understanding these rules is essential to protecting common areas, enforcing community standards, and coordinating appropriate responses when livestock trespass occurs. Open Range vs. No-Fence Districts Arizona historically follows an […]
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) […]
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 […]
