Community associations are tasked with managing and maintaining the common property within a community to ensure it remains vibrant, functional, and attractive to residents and potential buyers. While handling immediate concerns that arise is an essential role of a community association, those community associations that invest in long-term strategic planning position themselves for sustainable success. […]
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) […]
At CHDB Law LLP we practice #BalanceForBetter every day. Our firm is proud to have women excelling at every level. Our roots are in Arizona, the home state of Sandra Day O’Conner, so nothing less would be acceptable. The Foundation for Community Association Research (“FCAR”) released a study in 2017 that found more than 60% […]
A homeowners association is responsible for managing and maintaining the community’s well-being, property values, and harmony. To fulfill these responsibilities effectively, the HOA board of directors must operate with professionalism, fairness, and integrity. Developing a code of conduct for board members may serve as a reminder of the obligations that come with being a member […]
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; […]
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 […]
Bills are pending before both the House of Representatives and the Senate that, if passed, could impact whether community associations must comply with the Beneficial Owner Information Reporting (BOIR) requirement of the Corporate Transparency Act (CTA). House Bill H.R. 9046 – Community Association Reporting Exemption Act – seeks to amend Title 31 of the United […]
On October 24, 2024, the United States District Court for the Eastern District of Virginia issued its ruling on the preliminary injunction hearing held on October 11, 2024 in the lawsuit filed by Community Associations Institute (CAI), and a handful of community associations, against the United States Department of Treasury, Janet Yellen, in her official […]
On September 10, 2024, the Community Associations Institute (CAI), an international not-for-profit research and education organization headquartered in Virginia, and in a representational capacity on behalf of volunteer community association board members, along with five community associations from various states, filed a complaint against the United States Department of Treasury, Janet Yellen, in her […]
When community associations engage a contractor to perform construction within the development, the contract between the association and the vendor will often reference the contractor’s right to record a lien against the association’s property. This is generally referred to as a “Mechanic’s Lien” and is governed by A.R.S. § 33-981 et seq. The Mechanic’s Lien […]
