Pursuant to ARS Section 44-7007, electronic voting is permissible so long as the Association uses a platform that satisfies the following requirements regarding the electronic signature: (1) it was unique to the person using it; (2) it was capable of verification; (3) it was under the sole control of the person using it; and (4) it was linked to an [...]
Over the last 25 years, I have seen plenty of dysfunction amongst HOA/condo board members. When board members are constantly fighting between each other it makes it extremely difficult for the board to accomplish anything. Each volunteer board of director has a fiduciary duty and must act with the association’s best interest in mind. When board in-fighting gets to the [...]
Difficult and disgruntled owners are truly the worst part of serving on a HOA/condo Board! Here’s how you can spot a difficult owner... Usually they are criticizing, cajoling and pinpointing the errors of the board. S/he demands change, constantly interrupts, attacks personal integrity and alleges conflicts of interest of the board and the association’s management company without any direct evidence. [...]
Here are some suggestions for HOAs/Condos on handling issues or problems with a Vendor... COMMUNICATION! Effective communication is a cornerstone of any important relationship. 1. Look at the Contract. Is the contractor living up to the terms of the contract? Document any things the contractor is not doing pursuant to the terms of the contract. 2. Meet with the manager [...]
Here's a Quick 4-1-1 on the best way HOAs/condos can effectively handle owners who violate community parking restrictions. The Most common parking issues in HOAs/condos are the following: overnight on-street parking; and illegal parking of RVs, campers, commercial vehicles, boats, trailers on streets/common areas or on an owner’s property. What is the best way to handle parking violations in an [...]
SB1722 was signed by the Governor on April 09, 2021 and will go into effect on September 29, 2021. Once effective, the bill will extend the time a political sign can be left up from three (3) days after a general election, to fifteen (15) days after a general election or if the sign is for a candidate in a [...]
Under Arizona law, owners are able to inspect and have copies of a large portion of an association’s books and records. And, that is a good thing! Associations should be transparent and welcome owners to take a look at things more carefully. Arizona law provides clear direction on what owners can and cannot see under a records request. Under A.R.S. [...]
What is a Reserve Fund? Do we have to have one? Where do we start? What does a reserve study cost? Reserve funding allows an association to provide for the repair, maintenance and replacement of the association’s assets as the community ages. Currently, Arizona law does not require a developer or an association board to create and fund reserves for a community [...]
Arizona Department of Water Resources ("ADWR") has declared a goal of sustainable water supplies by 2030, which means major water reductions for associations in the coming years. ADWR creates management plans designed to hold the state accountable for water use. They have prepared a total of 5 plans to be enacted over five decades (1980-2030). Currently, Arizona is in the [...]
Over the past few months, our law firm has seen an increase in the number of petitions being filed with the Arizona Department of Real Estate (ADRE) against HOAs/condos for alleged violations of CCRs or state law. Here’s a quick overview of the ADRE process and some tips for HOAs/condos in this situation now or in the future. In 2011, [...]
