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Articles, news, and legislative updates from the attorneys at CHDB Law.

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Published

Preparing for and Testifying in Court: A Guide for HOA Board Members and Community Managers

Headshot of Jonathan EbertshauserBy Jonathan Ebertshauser

Homeowners associations (HOAs) sometimes find themselves involved in legal proceedings related to enforcing restrictions, defending against homeowner claims, or resolving disputes with vendors or contractors. When this happens, board members and community managers may be asked to testify in court. Testifying can feel intimidating, but with preparation and understanding, you can provide effective, credible testimony […]

Published

When Harassment Goes Too Far: How HOAs May Seek Protection From Injunctions Against Harassment

Ed O'BrienBy Ed O’Brien

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. 

Published

Understanding HOA Receiverships: What They Are and How They Work

Ashley Turner Head Shot 2024By Ashley Turner

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 […]

Published

The HOA’s Right to Foreclose

Headshot of Charlene CruzBy Charlene Cruz

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.

Published

Preventing Trespass

Headshot of Allison PrestonBy Allison Preston

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.

Published

Livestock Trespass in Arizona: Guidance for Homeowners Associations

Headshot of Allison PrestonBy Allison Preston

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 […]

Published

What is the Laches Defense in Homeowners Association Enforcement Claims?

Headshot of Jonathan EbertshauserBy Jonathan Ebertshauser

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 […]

Published

What It Takes to Serve on a Homeowners Association Board of Directors

Headshot of Jonathan EbertshauserBy Jonathan Ebertshauser

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 […]

Published

Establishing Reasonable and Effective Monetary Penalties in Homeowners Associations

Headshot of Jonathan EbertshauserBy Jonathan Ebertshauser

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 […]

Published

Your Guide to Drafting Rules for a Homeowners Association

Headshot of Jonathan EbertshauserBy Jonathan Ebertshauser

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 […]

Published

Considering Quorum

Headshot of Allison PrestonBy Allison Preston

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, […]

Published

Long-Term Strategic Planning for Community Associations

Headshot of Allison PrestonBy Allison Preston

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. […]

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Condo and Planned Community Statutes in Arizona download
Download the 2023-24 Condo and Planned Community Statutes in Arizona (1MB)