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 […]
To protect against legal exposure and reduce the risk of costly litigation, many organizations—including homeowners associations—require volunteers and participants to sign liability waivers before engaging in activities that carry potential risks. A liability waiver is a contractual agreement in which a participant acknowledges certain risks and agrees to release the organization from liability for injuries […]
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 […]
In recent years, short-term rentals, facilitated by platforms like Airbnb and Vrbo, have surged in popularity. While these rentals offer homeowners an opportunity to generate additional income, they have also introduced a range of challenges for homeowners associations As a result, it is important to understand the association’s options in enforcing its rental restrictions. […]
Strategic Planning for HOA Communities: Developing a Vision and Long-Term Goals for Your Neighborhood As we enter 2025 and set our resolutions for growth, our homeowners association (HOA) clients should also reflect on their goals and aspirations for the new year. Effective HOAs serve as stewards of their communities, ensuring not only the upkeep of common […]
We have all probably heard by now that the Arizona Legislature outlawed proxy voting by members of a community association nearly 20 years ago (except for Condominiums during the period of Declarant Control). In other words – an owner cannot vote on behalf of their neighbor at the annual meeting or in favor of a […]
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 […]
The rise of remote work has led to a growing number of homeowners transforming spaces in their residences into home offices. As the work-from-home trend continues to gain popularity, homeowners associations are adapting their policies to accommodate this shift while ensuring that the community’s quality of life remains unaffected. Balancing work-from-home needs with community guidelines […]
