Author: Lauren Vie, Esq. Many boards have taken the position that the board does not have an obligation to address reports of harassment in the community. Generally, boards try to avoid confrontation and are unsure how to deal with a resident who harasses others. Boards tend to be reluctant to escalate matters and incur legal fees. Some board members are [...]
A recent Arizona Court of Appeals case helps answer this question for Associations in Arizona-- Laveen Meadows Homeowners Association v. Carlos Mejia, 1 CA-CV 18-0276 The Laveen Meadows Homeowners Association (“Association”) filed a foreclosure lawsuit against a homeowner for unpaid assessments and other amounts. The homeowner did not respond to the lawsuit so the Association applied for a default judgment. [...]
Summer is officially here and many associations across the valley take a momentary “break” from association business to enjoy the summer. If your association board holds less meetings over the course of the summer it is important to remember that the board must remain vigilant about monitoring the association’s finances. Our firm has found that a lack of oversight leads [...]
The economic impact of the COVID-19 Pandemic raises serious concerns for potential future increases in community association delinquencies. One important indicator related to a future increase in delinquencies is the mortgage foreclosure rates (or as they are known in Arizona, Trustee’s Sales). A mortgage foreclosure occurs when a borrower fails to remit mortgage payments and lender institutes proceedings to foreclose [...]
Even though Governor Ducey’s stay-at-home order expired on Friday, May 15th, community associations should continue to take the appropriate measures to maintain a safe and healthy environment for their owners and guests. Below is a list of best practices we recommend that all community associations take, regardless of their size: • Conduct extensive cleaning of common areas and common surfaces, [...]
Our firm is starting to hear from some of our clients that their homeowners are struggling to make their HOA assessment payments each month because of the impact that COVID-19 has had on many families and their jobs in America. We want to make sure our clients are keeping an eye on the association’s financial status each month, to make [...]
The COVID-19 Pandemic has had, and will continue to have, a wide ranging impact on the global and domestic economy, which will inevitably trickle down to Arizona residents and Arizona community associations. The extent of the impact will vary from community to community; however, all boards should be thinking about the potential ramifications on the community’s budget and finances. While [...]
Now more than ever, due to economic uncertainties from the COVID-19 pandemic, associations may be looking for way to save money or to receive some assistance. There are a number of cities in Arizona that offer grant programs to help community associations fund different projects within their communities. Below is a list of links to various grant programs offered by [...]
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 (2) a refusal to permit reasonable modifications. Once a request for a reasonable accommodation/modification is submitted (either verbally or in [...]
Many Arizona residents own firearms and are permitted to carry them in public places with the proper permits. But do those permits apply to common areas in a homeowners association? Does the Board of Directors of a homeowners association have the power to restrict or prohibit firearms in common areas? The Board does have the authority to prohibit firearms in [...]
