With election season upon us, it is important for board members and managers to be aware of, and prepared to address political hot button issues, including gun control. What are associations’ rights regarding gun control within the community, and how can the board effectively balance the associations’ right, owners’ rights and community safety? Relevant Laws The Second Amendment of the [...]
Pursuant to A.R.S. Section 33-1256(B) / 33-1807(B), an HOA lien for assessments, late fees related to assessments and collection fees/attorney fees/costs incurred with respect to assessments has lien priority ahead of all other liens, interests and encumbrances on a lot/unit except: (1) liens and encumbrances recorded before the recordation of the declaration; (2) a recorded first mortgage/first deed of trust [...]
HOA/Condo Gyms/Fitness Centers in Maricopa and Pima Counties Can Reopen...with Restrictions! Don’t Everyone RUN at Once... Earlier this morning, the Arizona Department of Health and Safety (“DHS”) announced that Maricopa and Pima Counties have moved into the “moderate” category of COVID-19 community spread. Hooray! Please note that despite reports from earlier this week expecting Pinal County to also move categories, [...]
By: Beth Mulcahy, Esq. Election season is here! Generally speaking, community associations cannot prevent members from displaying political signs inside or outside their property, or, in the case of condominiums, on any limited common elements for a member's unit that touch the unit, other than the roof. An association can place time restrictions on sign display, however, requiring that signs [...]
Author: Paige Marks, Esq. Arizona law requires associations to hold an annual meeting each year. Due to the COVID-19 pandemic, holding an annual meeting in person this year has not been an option for many associations and our firm has not advised in person meetings since around March 2020. Our firm is currently recommending that our clients hold their 2020 [...]
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, [...]
