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 […]
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) […]
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 […]
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; […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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.
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).
