Category Archives: Community Association Law, Homeowner Associations, HOA

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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Desert Mountain Club Inc. v. Eric Graham, et al., No. 1 CA-CV 17-0100 (April 12, 2018)

The Arizona Court of Appeals issued an opinion earlier this year regarding a dispute between a nonprofit golf and recreation club (“Club”) and two equity membership members in the club (“Members”).  Although this case isn’t specifically about a homeowners association … Continue reading

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BOARD MEMBER REMOVAL

Does your Association board and/or owners know the process under Arizona law for removal of a board member/director at large from office?  In Arizona, the Arizona Condominium Act, ARS Section 33-1243(H), and the Arizona Planned Communities Act, ARS Section 33-1813(A), … Continue reading

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Be a Better Leader for your Association!

What makes one community association successful while another struggles? After 20 years of experience working with community associations, I have come to the conclusion that one of the reasons is leadership. This article will define leadership, talk about the importance … Continue reading

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