Articles, news, and legislative updates from the attorneys at CHDB Law.
When it comes to managing a community association’s dealings with vendors and other third parties, the significance of having a contract cannot be overstated. Whether engaging with a musician for a community event, embarking on a multi-million dollar capital improvement project or negotiating something in between, a contract serves as a fundamental pillar that underpins […]
The Corporate Transparency Act (CTA) is alive and kicking and requiring all community associations that are registered as entities with Arizona’s Corporation Commission (likely as a nonprofit corporation) to report their Beneficial Ownership Information (BOI) with the United States Department of the Treasury Financial Crimes Enforcement Network (FinCEN). All community associations in existence prior to […]
The generally-recognized rule in Arizona is that “obstruction of a landowner’s view does not constitute a private nuisance absent a statute or an easement to the contrary.” See Van Baalen v. Jones, 2014 WL 3881985, *3, ¶ 13 (Ariz. App. July 31, 2014). Put another way, a landowner does not generally have a right to a […]
A special assessment is an assessment that is not contemplated in an association’s budget and is collected in addition to the regular assessments. With aging infrastructure throughout our communities, associations are turning to special assessments as an option to pay for their unexpected repairs and replacements. However, there are no statutory procedures in Arizona governing […]
With Arizona’s 2024 Legislative session in full swing, we review twenty-four bills that include proposed amendments or additions to Arizona’s Planned Communities Statutes and Condominium Act. At Carpenter, Hazlewood, Delgado & Bolen, we strive to provide the community association industry the most recent updates to the Arizona Legislative session and the bills that may affect […]
Arizona House Bill 2298 The Governor has recently signed House Bill 2298, which mandates that every association overseeing parking on public streets, and whose CC&Rs were recorded prior to 2015, must conduct a membership meeting and a vote before June 30, 2025. The purpose of this meeting and vote is to determine whether the association […]
This year we are celebrating the 55th anniversary of the Fair Housing Act, which President Johnson signed on April 11, 1968. You can find out more about Fair Housing Month here. Fair Housing and Assistance Animals Fair housing is awesome, but what does housing discrimination have to do with horses? Lots! As of March 15, […]
Planned communities located in the City of Scottsdale should be aware that on September 20, 2022, the City of Scottsdale adopted Ordinance No. 4567 that adds new Section 49-260 “Prohibition of Mandatory Turf Conditions by Owner’s Associations” to the Scottsdale Revised Code that addresses turf over-seeding and related issues.
Proposition 209 the “Predatory Debt Collection Protection Act” (Arizona Petition I-05-2022) is a statewide ballot initiative that if passed will virtually eliminate an HOA’s ability to garnish an HOA member’s wages or bank account (one of the primary methods by which unpaid assessments are recovered).
Planned communities located in the City of Scottsdale should be aware that on September 20, 2022, the City of Scottsdale adopted Ordinance No. 4567 that adds new Section 49-260 “Prohibition of Mandatory Turf Conditions by Owner’s Associations” to the Scottsdale Revised Code that addresses turf over-seeding and related issues.
Association-specific political signs Governor Ducey signed H.B. 2158 into law on April 13, 2022. This law will go into effect later this year after the current legislative session ends. H.B. 2158 affects Arizona’s condominiums and planned communities by adding a new subsection to A.R.S. §§ 33-1261 (for condos) and 33-1808 (for planned communities) that permits […]
With COVID-19 in the rear view mirror and communities returning to “normal” operations, the Arizona Supreme Court has presented community associations a new challenge, this one with respect to CC&R amendments. Based on this recent case law, CC&R amendments must be reasonable and foreseeable in order to be enforceable. In other words, community associations can […]
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