Rules and regulations are an important part of maintaining order, protecting property values, and ensuring a homeowners association runs smoothly. However, not all rules are created equal. A rule that is vague, overly burdensome, or outside the association’s authority can lead to disputes and even legal challenges. Below are key considerations for drafting reasonable, enforceable […]
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 […]
In Arizona, an Injunction Against Harassment (IAH) is a civil court order, available to individuals, who are experiencing harassing behavior, in an effort to stop it. An Injunction Against Workplace Harassment (IAWH) is a similar order available to businesses (such as HOA’s) and their employees who are similarly experiencing harassing behavior.
Serving on a homeowners association Board of Directors is both an honor and a responsibility. Board members play a critical role in shaping the direction of the community, ensuring rules are enforced fairly, and managing the association’s finances and operations. While many people join the board with the best intentions, it’s important to understand what […]
Homeowners associations are tasked with upholding the community’s governing documents to preserve property values, maintain aesthetics, and promote community harmony. But what happens when an association waits too long to enforce a restriction? In those situations, a homeowner may raise a defense that could protect the homeowner from being obligated to bring the property into […]
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 […]
Homeowners associations (HOAs) are designed to be self-governing communities, led by volunteer boards elected by the membership. But what happens when a board collapses, becomes dysfunctional, or is unwilling or unable to manage the association’s affairs? In such cases, courts may appoint a receiver, a neutral third party who temporarily assumes control of the HOA […]
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 […]
Homeowners associations (HOA) in Arizona have a statutory right to enforce the homeowners’ assessment obligations through lien foreclosure. This can be a powerful legal tool—but one that must be handled with care, transparency, and full compliance with state law. The process is governed primarily by A.R.S. § 33-1807 (for planned communities) and A.R.S. § 33-1256 (for condominiums). This article outlines the key steps, legal requirements, and strategic considerations in pursuing lien foreclosure.
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. […]
