The concept of quorum is fundamental to the governance of Arizona’s community associations. Quorum serves as a threshold for the validity of both board of director and membership meetings and a community association’s decision-making processes. The legal framework governing quorum requirements for community associations is primarily outlined in the Arizona Revised Statutes, including A.R.S. 33-1249, […]
HOA Law
Community Association Meeting Agenda Requirements
As of September 14, 2024, Arizona’s community associations are now required to provide their members agendas for both board of directors meetings and membership meetings, in advance of the meetings. Arizona’s Legislature added this as a new requirement under House Bill 2662, which amends A.R.S. § 33-1804 for planned communities and A.R.S. § 33-1248 for […]
Changes in the Law Affecting HOA Collections in Chapter 13 Cases
In a significant reversal of current case law, the 9th Circuit Court of Appeals recently ruled that post-petition HOA assessments are dischargeable in a chapter 13 bankruptcy case.
Bring on the Camels, Dragons, and Prayer Flags!
On December 20, 2001, the Secretary of the Department of Housing and Urban Development (“HUD”) issued a statement regarding religious expression in public housing. HUD was concerned public housing authorities might misconstrue HUD policy to discriminate against people celebrating faith-based events. In the words of HUD Secretary Mel Martinez: “Now more than ever, it is […]
AZ HB 2158 Signed into Law
Association-specific political signs Governor Ducey signed H.B. 2158 into law on April 13, 2022. This law will go into effect later this year after the current legislative session ends. H.B. 2158 affects Arizona’s condominiums and planned communities by adding a new subsection to A.R.S. §§ 33-1261 (for condos) and 33-1808 (for planned communities) that permits […]
April is National Fair Housing Month
This year we are celebrating the 55th anniversary of the Fair Housing Act, which President Johnson signed on April 11, 1968. You can find out more about Fair Housing Month here. Fair Housing and Assistance Animals Fair housing is awesome, but what does housing discrimination have to do with horses? Lots! As of March 15, […]
2024 Legislative Updates: Proposed Arizona Bills and Amendments
With Arizona’s 2024 Legislative session in full swing, we review twenty-four bills that include proposed amendments or additions to Arizona’s Planned Communities Statutes and Condominium Act. At Carpenter, Hazlewood, Delgado & Bolen, we strive to provide the community association industry the most recent updates to the Arizona Legislative session and the bills that may affect […]