Category Archives: Community Association Law, Homeowner Associations, HOA

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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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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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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Preventing Theft of Association Funds

We aren’t the only ones that have seen this in the news week after week! Theft of association funds has unfortunately become common in community associations throughout the nation. No board of directors ever wants to find out that money … Continue reading

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Now is the time to Start Planning your 2019 Association Budget!

Most community association documents require an associations’ board of directors to adopt a budget for each fiscal year and early to late fall is typically the time of year devoted to that process. Because the management company is familiar with … Continue reading

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Who is responsible for damages throughout the community after a storm?

We’ve had a number of large monsoons tear through the Valley this summer. While we love some rain, unfortunately, many of the monsoons cause extensive damages with their rain, wind and lightening. In the days following a monsoon, I usually … Continue reading

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