Author Archives: admin

The Future of Communications

Effective communication is a cornerstone of any successful community association. In order to effectively communicate requires HOA boards to not only deliver clear, transparent and thoughtful messages to the membership, but also to seek and listen to input from the … Continue reading

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Legislative Update

The Arizona Legislature opened the Fifty-fourth First Regular Session on Monday, January 14, 2019. While our firm has been tracking the proposed bills over the past month, we have noticed a number of proposed bills that would impact community associations, … Continue reading

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RESPONDING TO A RECORDS REQUEST

Your Board, or management company, received a records request from a member – what should you do next?  First, it is important to keep in mind that Arizona law requires Planned Communities (A.R.S. Section 33-1805) and Condominiums (A.R.S. Section 33-1258) … Continue reading

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Human Trafficking Prevention Month

January is human trafficking prevention month, and both Governor Ducey and Cindy McCain are striving to raise awareness on the issue. During a press conference on January 17, 2019, Governor Ducey and McCain explained the importance of Arizonans being aware … Continue reading

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What if there is an inconsistency between my Association’s governing documents?

Most community associations have a number of legal documents that govern the use of the property within the association. The documents may include, but are not limited to: the Plat, the Declaration of Covenants, Conditions and Restrictions (CC&Rs), the Bylaws, … Continue reading

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Help! We have a tenant in our association who is not following the association’s rules. What are our legal remedies?

In my opinion, the best way to get a tenant to comply with the association’s documents is to aggressively pursue the owner for the tenant’s violations. Most association documents state that a landlord/owner is responsible for the behavior of their … Continue reading

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FHA REQUESTS FOR REASONABLE ACCOMMODATIONS AND MODIFICATIONS

The Fair Housing Act (“FHA”) prohibits a community association from discriminating against a person in providing services or facilities in connection with a sale or rental because of disability.  Prohibited discrimination includes (1) a refusal to make reasonable accommodations; and … Continue reading

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HOLIDAY LIGHTS/DECORATIONS

The Holiday season has officially arrived! Adopting a Holiday Lights/Decorations policy can be a great way to encourage the community to embrace the spirit of the Holidays, while also regulating lights and decorations to ensure consistency and equal treatment amongst … Continue reading

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‘Tis the Season to Start Thinking About Annual Meetings!

At this time of year, just around the holidays, questions regarding annual meetings fill our “First Friday” phone lines. Yes, your Board must conduct an Annual Meeting! Under Arizona law, A.R.S. Section 33-1804(B) and 33-1248(B) an association must conduct an … Continue reading

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How to Effectively Deal with a Bully in a Community Association

Most Members in an Association understand that rules and social decorum dictate how they are to interact with Board members, Association employees, and other members. However, there are a small percentage of people that do not abide by rules and … Continue reading

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