One of the larger problems in HOAs/condos is getting owners to follow the CC&Rs, bylaws and rules. Some of the most typical violations by owners are the following: tenants not following rules, not getting ACC approval, failure to maintain landscaping, not putting away trash cans, parking, smoking, installing unapproved signs and flags and not paying assessments. The following are some [...]
Sales of electric and plug-in hybrid vehicles hit the two million mark in the United States in 2019, and continue to grow at a rapid pace. According to EV Sales Blog, registrations of plug-in electric cars rose 136% year-over-year for the period ending in February 2021. And with more auto manufacturers adding electric vehicles to their lineups, sales are expected [...]
Hatfields vs. McCoys: Does our Board Have to get involved in feuds between neighbors in our HOA/Condo? Short answer: It depends. Sorry to be vague, but, each situation between feuding neighbors needs to be carefully evaluated in light of some recent changes to Fair Housing laws. In 2016, Fair Housing laws were amended to document a community association’s potential liability [...]
Some Arizona associations are currently facing the challenge of dealing with owners who are habitually behind on their assessment payments. Sometimes these owners don’t remit payment for several years, and, some owners withhold assessments for months until they are finally contacted by the association. Honestly, right now, Arizona HOAs/condos shouldn’t have a large number of owners not paying assessments. The [...]
I was recently asked the following question… The treasurer for our association is refusing to give other board members any of our association’s financial records, including bank statements. 3/5 of our board members worry that the treasurer may be embezzling the association’s money. What can we do as a board to get this situation under control? One of a board [...]
I have seen a recent uptick in clients and my seminar attendees asking questions about The Board of Director's Code of Conduct. A Code of Conduct describes the expectations of board members during, and in some cases after, their service to the community. While many of the issues addressed are already codified by Arizona law, adoption of a written, signed [...]
The Fifty-fifth First Regular Session started on Monday, January 11, 2021 and is scheduled to adjourn on April 24, 2021. It’s been an interesting year at the Arizona Legislature so far! This session has been dominated by adoption of the budget and COVID-19/politically-charged issues. Yesterday, the Arizona legislature sent Senate Bill 1377 to Governor Ducey to sign. This bill will [...]
Here's a question our law firm often receives from boards: a director resigns from the board because he/she sells his/her home or the director no longer wishes to serve on the board. How should this vacant board position be filled? The board should first check its bylaws to determine the procedure to fill the board vacancy. In most cases, the [...]
The Arizona Legislature has been busy, with a total of 1,350 bills having been introduced as of last week, several of which may potentially impact community associations. Despite a spike in COVID cases among staff, and potentially members, the Legislature expects to continue moving forward virtually. Below if a brief summary of some bills that we are currently tracking. HB2030 [...]
An owner in our HOA wants to place solar panels on the roof of their home. Does our board have to allow this? Short Answer: Likely, yes. However, the owner still must comply with any architectural approval requirements in the association’s documents. Long Answer - here’s a quick recap of the law: Arizona Revised Statute Section 33-1816 (the Planned Communities [...]
