Articles, news, and legislative updates from the attorneys at CHDB Law.
Parking enforcement can be difficult in communities with private streets where street parking is regulated by the homeowners associations’ governing documents. A common question that arises is whether towing or immobilizing (booting) vehicles is a permissible and effective enforcement tool. Before taking such measures, the Association must ensure that is has the proper authority in […]
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 Association boards frequently approach our office feeling stuck — having issued multiple notices and having levied monetary penalties with little or no impact. When violations persist and communication fails, many boards are uncertain about the next step, especially when that step might involve litigation. While most board members understand the legal process involved in […]
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. […]
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 […]
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 […]
Some days, operating a community association can feel a little bit like a dumpster fire. The pool is closed at the beginning of summer due to unexpected repairs, Ms. Smith has called for the umpteenth time complaining of her neighbor who chain smokes on the balcony and blares music all night long, Mr. Brown has […]
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 […]
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 […]
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 […]
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 […]
The rise of remote work has led to a growing number of homeowners transforming spaces in their residences into home offices. As the work-from-home trend continues to gain popularity, homeowners associations are adapting their policies to accommodate this shift while ensuring that the community’s quality of life remains unaffected. Balancing work-from-home needs with community guidelines […]
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