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