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Category Archives: Enforcement
Enforcing Use Restrictions Against Short-Term Rentals
Short term rentals are becoming more and more popular, especially in Arizona. Pursuant to ARS 33-1260.01(A) / 33-1806.01(A), “A member may use the member’s property as a rental property unless prohibited in the declaration and shall use it in accordance … Continue reading
Solar Reminders
The Arizona Daily Star recently ran an article regarding a planned community in Tucson that requires its homeowners to pay $500 to have the planned community’s architect review solar panel installation plans prior to the solar panels being installed on … Continue reading
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
DOG BREED RESTRICTIONS
Pet restrictions in community associations can be a very controversial topic. Animal lovers consider dogs (and pets in general) to be members of the family, so any type of restriction that places limitations on an owner’s right to keep his/her … Continue reading
New Federal Drone Restrictions
Did you know that in April 2017 the Federal Aviation Administration (FAA) established air space regulations over 133 military locations in the United States? Pursuant to 14 CFR 99.7, through an agreement with the Department of Defense, the FAA has … Continue reading
HOAs Turned Police
How far should a homeowners association go to enforce speeding, traffic violations and reckless driving within their community? What should a Board of Directors do when a homeowner or resident speeds or endangers the safety of others in the association … Continue reading
No Lifeguard on Duty? HOA Members and Neighbors on Duty
Summer is officially here. A few years ago, I witnessed the heroic efforts of a bystander revive a young child that nearly drowned at a community pool. Needless to say, as a mother to two young children, I was rattled … Continue reading
Pokémon GO(ers) in your HOA?
Pokemon Go is a location-based, augmented reality game where users on mobile devices attempt to locate virtual Pokemon, which appear on the screen of the mobile device, in real-world locations. The game’s increasing popularity and associated controversy has (or should) … Continue reading
Fraud and Embezzlement in Your Association-How to Spot It & How to Avoid It
It has happened; there are funds missing from the checking account. Figures do not line up and you cannot get in touch with anyone. The board always sees a financial statement at each board meeting, so what went wrong? Any … Continue reading
Happy Halloween – How to Best Handle Over the Top Halloween Displays
By: Beth Mulcahy, Esq. I love Halloween! It is one of my favorite holidays of the year. It’s only October 18th and I have already placed colored lights outside and have decorated our front door with a banner, scary door hanger with noises, a … Continue reading