Mortgage foreclosures (which, in Arizona, are known as trustee’s sales) were a hot button topic during the pandemic, primarily due to the moratorium on mortgage foreclosures. With the foreclosure moratorium having expired on 06/30/2022, it’s a good time for community associations to revisit this important topic. A trustee’s sale occurs when a trustor (i.e., borrower) falls behind on payments due [...]
A recent case in Pennsylvania, U.S. v. The Dorchester Owners Association, No. 20-1396 (E.D. Penn. Jan. 25, 2023), ruled that The Dorchester Owners Association (“Association”) engaged in discrimination in violation of the Fair Housing Act (“FHA”) in connection with requests for assistance animals. Although the Association’s governing documents prohibited pets, the Association adopted several different rules in evaluating requests for [...]
The Arizona Legislature began the 2023 session on January 9, 2023 and is considering numerous bills. While the legislature is in session, our firm periodically prepares and posts an updated summary of these proposed bills. A number of bills did not pass through committees in the required time. These bills will probably not continue to move forward. The most active [...]
The recent takeover of Silicon Valley Bank (“SVB”) and Signature Bank by regulators is troubling to all industries in the U.S., including the HOA/Condo industry. The demise of SVB and Signature Bank raises important questions regarding the level of protection HOAs and Condos should have in place to keep their bank deposits safe. Bank failures are rare, but, when it happens, [...]
Flying flags in Arizona HOA and condo associations is a hot topic in Arizona this week! Between the pending flag bills currently in the Arizona Legislature and a recent news story and TikTok Video regarding homeowners in Queen Creek wanting to fly or hang a Pride flag on their property, it is a good time for a refresher on what [...]
I recently received a question at a seminar I was teaching regarding the hiring of vendors. An association was having difficulty finding a licensed and bonded painter to paint the exterior of all the buildings at the association and was considering hiring an unlicensed or bonded painter to do the work. The association was thrilled about the lower cost, but, [...]
Our firm recently received the following question at a free virtual class we were teaching… “We have a candidate running for our Board who previously served on the Board. This candidate was asked to leave the Board at that time for engaging in unprofessional behavior. What can we do if this person is elected to ensure that the new director [...]
It is common for associations to create community engagement events where they seek volunteers to participate in bettering the community - especially at this time of the year when associations have spring cleaning on their mind! Such “boots on the ground” projects in which associations may look for volunteers include painting curbs red, community clean-up, or planting of new flowers [...]
Question: We have a resident that has their casita and home on VRBO and Airbnb as a short term rental despite the fact that short term rentals are against our association’s CC&Rs. He has received notice and is now being fined, however refuses to pull the listing. Does our HOA have any legal actions we can take against the homeowner? [...]
Short-term rentals continue to be a hot button topic in Arizona, and throughout the Country. A recent opinion from the Texas Court of Appeals, Duncan v. Prewett Rentals Series 2 752 Military, LLC, No. 03-21-00244-CV (Tex. App. Aug. 19, 2022), contemplated whether a short-term rental, by operation of its use as a “party house” violated the private residential use restriction [...]
