Articles, news, and legislative updates from the attorneys at CHDB Law.
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 […]
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.
Arizona homeowners associations derive their authority from recorded governing documents and Arizona statutes, primarily Titles 33, Chapters 9 (Condominiums) and 16 (Planned Communities), as well as Title 10 for nonprofit corporate governance. In Arizona, a homeowners association’s rights and responsibilities with respect to common property management and trespass prevention are shaped by the homeowners association’s declaration, articles, bylaws, and rules, and by state statutes.
Arizona law addresses when livestock owners are liable for animals that stray onto another’s property and what remedies are available to affected property owners. For homeowners associations, understanding these rules is essential to protecting common areas, enforcing community standards, and coordinating appropriate responses when livestock trespass occurs. Open Range vs. No-Fence Districts Arizona historically follows an […]
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 […]
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 […]
One of the most common challenges for homeowners associations is encouraging compliance with governing documents. Letters and reminders may work for some owners, but others may ignore repeated warnings. When that happens, monetary penalties, commonly referred to as fines, can be an effective enforcement tool. However, fines must be reasonable, consistent, and legally defensible to […]
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 […]
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, […]
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. […]
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 […]
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 […]
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