On March 8, 2018, the Town Council of Paradise Valley adopted an Unruly Gatherings Ordinance (2018-05), aimed to deter house parties that disturb neighboring residences and that comprise the safety and welfare of the public. When the police respond to an Unruly Gathering it drains police resources and while the police are responding, it prevents them from securing other areas [...]
If you live near Scottsdale or Phoenix, you have probably noticed a large number of colorful bikes that have recently been introduced to the area. These bikes are part of bike-sharing programs that have partnered with the cities of Phoenix, Scottsdale, Tempe and Mesa. The premise of these programs is very simple: download the company’s app to rent a bike, [...]
Approximately 65 million Americans (or 1 in every 5) live in homeowner associations, including condominiums and planned communities in the United States.[1] The number of homeowner association communities in the United States has risen from approximately 10,000 communities in 1970 to 342,000 communities in 2016.[2] In a recent study, Arizona ranked tenth in the country in number of community associations, [...]
As any board member will tell you, managing the day-to-day operations of an association can be a daunting task. Many associations hire a professional management company to assist them with their responsibilities. But with so many management companies out there, how do you know which one is right for your association? Below is a step-by-step process that our firm has [...]
The Fair Housing Act (“FHA”) prohibits a community association from discriminating against a person in providing services or facilities in connection with a sale or rental because of disability. Prohibited discrimination includes (1) a refusal to make reasonable accommodations; and (2) a refusal to permit reasonable modifications. In a community association context, a common example of a request for a [...]
Board members and managers frequently ask my firm whether their Association can hire a handyman to complete projects or repairs within their Association. My response is generally yes, but there are a number of considerations that I advise the Board to first contemplate. First, the Board should review the situation to determine whether the work should be done by a [...]
Regardless of what issues your community may be facing, receivership should only be considered as an absolute last resort, and only in the most dire of circumstances. Receiverships are expensive, time-consuming and transfer decision/making power to someone outside of the community. In the community association context, the receivership requires an owner in the community or member(s) of the Board to [...]
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 [...]
We aren't the only ones that have seen this in the news week after week! It has happened; there are funds missing from the checking account. Figures do not line up and you cannot get in touch with anyone. The board always sees a financial statement at each board meeting, so what went wrong? Any organization that believes it is [...]
What is an “electric car”? “An electric car is an automobile with one or more electric motors that uses electrical energy stored in rechargeable batteries or another energy storage device. Electric cars are around three times as efficient as cars with a normal internal combustion engine.” (Wikipedia) You’ve probably heard of the Tesla S or X or the Chevrolet Spark [...]
