When it comes to managing a community association’s dealings with vendors and other third parties, the significance of having a contract cannot be overstated. Whether engaging with a musician for a community event, embarking on a multi-million dollar capital improvement project or negotiating something in between, a contract serves as a fundamental pillar that underpins […]
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, […]
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 […]
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.
With COVID-19 in the rear view mirror and communities returning to “normal” operations, the Arizona Supreme Court has presented community associations a new challenge, this one with respect to CC&R amendments. Based on this recent case law, CC&R amendments must be reasonable and foreseeable in order to be enforceable. In other words, community associations can […]
When buying a home, potential buyers often consider neighborhoods with homeowners associations (HOAs). Generally, HOAs are governing bodies that generally enforce rules, manage common areas, and work to maintain property values within a community. As a result, living in an HOA offers numerous benefits, but homeowners buying within the HOA should take care to understand […]
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 […]
Safety is a top priority for homeowners associations (HOAs), as a secure environment contributes to a higher quality of life and peace of mind for residents. Common areas—such as clubhouses, parks, playgrounds, and pools—are valuable amenities but can also be vulnerable to accidents, vandalism, or even crime. Arizona courts have gone so far as to […]
Managing a condominium community often comes with a deceptively simple question: “Who’s responsible for this repair?” The answer, however, is rarely straightforward. While most assume that homeowners are responsible for their own units, the division of responsibility between the homeowner and the condominium association (HOA) depends entirely on the language in the community’s recorded use […]
