Are you familiar with and understand the unique role of the legal documents pertaining to your HOA or condo? An association’s governing documents define the framework, rules, and standards for your association and all its members. But what exactly are these documents, and how do they relate to one another? Let’s break down the key documents that regulate community associations [...]
The new AZ statutes regarding summertime construction hours, i.e., ARS Sections 9-500.52 (Municipalities) and A.R.S. 11-269.30 (Counties), prohibit municipalities and counties from restricting properly permitted construction activities during the specified hours (5am-7pm business days, 7am-7pm Sat, 1 hr earlier for concrete pouring) and specified months (May 1 - October 15). Therefore, HOAs can be more restrictive with hour limitations on construction [...]
Recently, a question has arisen among community association boards considering amendments to their governing documents. Some boards are interested in lowering the quorum requirement for member votes — a practical adjustment for communities facing low voter turnout. However, there are instances where boards also contemplate a controversial change: counting a member’s failure to vote as a “yes” vote, both toward [...]
Breaking News! The Arizona Corporation Commission (ACC) has announced new business filing policies, many of which went into effect Monday, June 16, 2025! The ACC and its Corporations Division believe the four (4) new policies outlined below will help prevent unauthorized filings and deter business fraud, while also maintaining streamlined customer experiences. In adopting these new policies, the ACC is attempting [...]
Question from a Community Manager: “There is a couple in our HOA who constantly contacts board members to complain about nearly every decision the board makes. They attend all meetings but continue to reach out with negative comments about how the board is operating. Is there anything the board can do to address this ongoing behavior?" Every association board encounters [...]
Arizona is home to thousands of community associations, each serving as the backbone of its respective neighborhood. These HOAs/condos, comprised of dedicated volunteer boards, are viewed by courts, the IRS, and vendors as business enterprises. Their primary mission is to maintain, protect, preserve, and enhance the community’s assets—often valued in the millions of dollars. At the head of this enterprise [...]
Quick Summary of 2025 Pending Arizona Legislation Pertaining to HOAs and Condos Updated: June 27th, 2025 Regarding community association bills that were passed during this session, Governor Hobbs signed four (4) bills into law that directly impact HOAs/condos.These four (4) new laws will become effective 90-days following the adjournment of the current legislative session, which date is yet to be [...]
Prior to turning a file over to our firm for collection of delinquent assessments, associations must provide the owner proper notice pursuant to A.R.S. 33-1807(L)/A.R.S. 33-1256(L). Pursuant to the statute, associations must send notice to the owner, via certified mail return receipt requested, to the owner’s mailing address on record. The notice must contain specific language (see below) and the [...]
In Arizona, the vast majority of community associations are formed as either Condominiums, which are subject to the Arizona Condominium Act (A.R.S. Section 33-1201, et seq.); or, Planned Communities, which are subject to the Arizona Planned Communities Act (A.R.S. Section 33-1801, et seq.). In many communities, the distinction is clear. However, there are some cases where the classification of Condominium [...]
This law applies to planned communities and condominiums. A majority of the board can vote to amend the CC&Rs without a vote of the membership to remove unlawful provisions in the CC&Rs which violate fair housing laws. "Unlawful restriction" means a prohibition, restriction, covenant or condition in a document that interferes with or restricts the transfer, use or occupancy of [...]
