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, [...]
What is the best way to handle a disabled resident requesting a driveway extension that violates our documents? Here’s a quick fact pattern... An association receives a request for a driveway extension because an occupant of the home is disabled and needs a larger driveway for mobility. The owner provided a detailed letter from a physician to support this request. [...]
There is a growing problem in community associations – hoarders. These owners hoard books, newspapers, trash, knick-knacks, furniture, scrap metal, tools, clothes, animals, rotting food and everything in between. Unfortunately, this is a common problem and has been identified as a serious behavioral illness. “Hoarders” are usually isolated and suffer from the psychological issues that produce the clinical definition of [...]
Over the past few years, there has been a dramatic increase in the number of rental properties in Arizona, including short-term/vacation rentals. Here’s a quick rundown on what an association can require from a landlord regarding a tenant: Associations are prohibited from requiring any owner to disclose to the association, any information regarding a tenant other than the following (A.R.S. 33-1260.01 / [...]
Your board has received a board removal petition... What should you do next? The procedure to remove a single board member or multiple board members from the board is outlined in A.R.S. 33–1813 (for planned communities) or A.R.S. 33–1243 (for condominiums). It is important to note that this procedure does not apply to board members appointed by the developer and [...]
The Federal Housing Finance Agency ("FHFA") recently extended its foreclosure moratorium on Fannie Mae and Freddie Mac loan servicers (which was set to expire on 06/30/2021) until 07/31/2021. What does this mean for community associations? Because mortgage foreclosures (or "Trustee's Sales" as they are known in Arizona) are an important indicator of future HOA delinquencies, the extended foreclosure moratorium is [...]
