Equine Law

From horses to HOAs: legal partners in Arizona

Arizona is a livestock state, and many community associations provide equestrian amenities. Whether the community is made up of lots zoned as horse property, or has a community equestrian center where residents in the community can board their horses, the community association in charge of managing and maintaining the community’s common areas and enforcing the community’s rules must consider a number of factors.

Key areas of focus

CHDB Law’s equine law attorneys are experts in both community association and laws regulating horse ownership, boarding, policies and administrative rules. We help Arizona’s equestrian communities navigate the unique challenges that come about with horses in community associations.

• General counsel services
• General litigation services
• Boarding agreements
• Training agreements
• Lesson agreements
• Purchase and sale agreements
• Lease agreements
• Adoption agreements
• Agister’s liens pursuant to A.R.S. § 3-1295 (notice and foreclosure)
• Liability waivers
• Guest policies
• Equestrian event polices
• Governing document review and amendment
• Rules and regulations review and amendment
• Employment law needs (e.g., employee manuals, employee training, employee agreements)
• Rule and covenant enforcement
• Entity formation and operations
• Trademark/tradename registration
• Registration issues
• Risk and liability assessment

Equestrian communities face unique challenges, from administrative issues to Arizona laws and zoning regulations.

Attorneys Lydia Linsmeier and Allison Preston bring a unique advantage to Arizona’s horse-friendly HOAs because they understand both the ins-and-outs of HOA operations, as well as the unique requirements of having horses around the house, whether your community has a common area barn or equestrian facility, or lots in your community are zoned with horse privileges. If you have not dusted off the documents used in connection with your equestrian community in a couple of years, we encourage you to reach out to either Lydia or Allison to see what updates may need to be made.

Some of these factors include:

• The number of horses permitted per lot or the number of horses one resident may board at the community equestrian center.
• Size and style of structures for housing horses permitted on lots and uniformity of fencing. How does an equestrian association maintain community aesthetics?
• Safety protocols for handling horses or being in the equestrian facility. Does your equestrian association allow residents without horses to visit the equestrian center? Does your equestrian association allow owners to offer lessons to neighborhood kids in the equestrian facility?
• Where in the community may horses be ridden, liability for trail maintenance and other common area amenities.
• Nuisance issues – how do you handle non-equestrian owners complaining about flies on the patio?
• Employment issues – hiring a barn supervisor, trainers, and barn-hands to feed horses, muck stalls, turn out horses, etc.
• Risk and potential liability for providing tack and equipment storage and providing or permitting trailer parking on the common areas.
• Fire safety, additional insurance requirements, specialty insurance lines, and waivers.
• Evaluation of equine facilities and amenities to determine which accessibility standards will apply.
• Funding for the equestrian facility and special assessments.
• What to do with horses when their owners stop paying board, equine cruelty in the barn or neighborhood, and much more.

Clients we serve

• Equestrian community associations
• Equestrian businesses
• Individuals offering “backyard” operations (e.g., boarding, training, lessons)
• Not for profit organizations
• Animal welfare organizations
• Equine industry groups and clubs