Articles, news, and legislative updates from the attorneys at CHDB Law.
Strategic Planning for HOA Communities: Developing a Vision and Long-Term Goals for Your Neighborhood As we enter 2025 and set our resolutions for growth, our homeowners association (HOA) clients should also reflect on their goals and aspirations for the new year. Effective HOAs serve as stewards of their communities, ensuring not only the upkeep of common […]
Bills are pending before both the House of Representatives and the Senate that, if passed, could impact whether community associations must comply with the Beneficial Owner Information Reporting (BOIR) requirement of the Corporate Transparency Act (CTA). House Bill H.R. 9046 – Community Association Reporting Exemption Act – seeks to amend Title 31 of the United […]
A “nuisance” is generally defined as an activity that interferes with the use and enjoyment of someone’s property. In Arizona, smoking—whether cigarettes, cigars, or vaping—can fall under this definition if the activity impacts neighboring units, lots, or common areas. When smoke drifts from one property to another it is often alleged that the conduct could […]
On October 24, 2024, the United States District Court for the Eastern District of Virginia issued its ruling on the preliminary injunction hearing held on October 11, 2024 in the lawsuit filed by Community Associations Institute (CAI), and a handful of community associations, against the United States Department of Treasury, Janet Yellen, in her official […]
A homeowners association is responsible for managing and maintaining the community’s well-being, property values, and harmony. To fulfill these responsibilities effectively, the HOA board of directors must operate with professionalism, fairness, and integrity. Developing a code of conduct for board members may serve as a reminder of the obligations that come with being a member […]
On September 10, 2024, the Community Associations Institute (CAI), an international not-for-profit research and education organization headquartered in Virginia, and in a representational capacity on behalf of volunteer community association board members, along with five community associations from various states, filed a complaint against the United States Department of Treasury, Janet Yellen, in her […]
Arizona’s Legislature passed, and the Governor signed, House Bill 2141 into law on March 29, 2024. With the legislative session ending on June 15, 2024, HB2141 goes into effect on September 14, 2024. HB2141 amends A.R.S. § 33-1221 and addresses the rights of condominium unit owners to improve, alter and decorate their units. […]
Arizona’s condominium associations are often confronted with the question of whether to pass through, or not to pass through, certain common expenses to particular unit owners. This question derives from Arizona law, which, at A.R.S. § 33-1255(C), provides: C. Unless otherwise provided for in the declaration all of the following apply: 1. Any […]
It can be difficult to determine where the obligation to maintain, repair, replace, or insure starts and stops in an association where maintenance obligations cross over the boundaries of the property line. This is regularly the case in condominium associations where Owners may be responsible for the maintenance of Common Elements or the association may […]
As we near the 2024 General Election, we have already seen an increase in compliance concerns related to Political signs from our homeowners’ association clients. Many recorded deed restrictions in homeowners’ associations contain restrictions precluding the display of signs, including Political signs, within a Lot or Unit. However, Arizona Revised Statutes § 33-1808 (planned communities) […]
The federal and state Fair Housing Acts (“FHA”) prohibit discrimination on the basis of, among other things, “familial status.” However, some homeowners’ association governing documents include deed restrictions that require residents to be of a certain age (usually 55 or older) in order to occupy a property. This type of community operates as an exception […]
As many of Arizona’s community associations may know, Arizona law provides that community associations may not prohibit the display of certain flags. The applicable statutes are A.R.S. § 33-1808(A) and (B) for planned communities, and A.R.S. § 33-1261(A) and (B) for condominiums. Subsection A lists the flags that residents may fly: (1) the American flag; […]
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