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 5th, 2025 The 2025 Arizona Legislature is in session, and it is going to be a BIG year for HOA and condo bills! Set forth below is a quick summary of the pending bills. All the bills below apply to planned communities and condominiums unless otherwise [...]
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 [...]
January 8th, 2024, marked the opening of Arizona's Fifty-Sixth Second Regular Legislative Session. News laws will become effective September 14, 2024. SB1016 Homeowners' Associations; Flagpoles Applies to Planned Communities. This Bill would allow an association to limit an owner to two wall mounted flagpole holders. SB1432 Unlawful Restrictive Covenants; Uniform Act Applies to Planned Communities. This Bill would permit an [...]
Updated March 5, 2025 The Corporate Transparency Act (“CTA”) is a federal law passed in 2021 to track criminal or terrorist money laundering and safeguard national security and the U.S. financial system. On March 2nd, the U.S. Treasury Department released a statement regarding CTA enforcement. They announced that they will not enforce any penalties or fines associated with the beneficial [...]
In a recent case out of New Jersey, Players Place II Condominium Association Inc., v. K.P., No. 088139 (N.J. March 13, 2024), the New Jersey Supreme Court evaluated whether an emotional support pet, which exceeded the community’s weight restrictions, was permissible under The Fair Housing Act (“FHA”). The association in this case had a rule limiting pets to a maximum [...]
It's Annual Meeting Season! Our firm has been busy helping clients prepare for and execute successful annual meetings. After all, the Association's annual meeting is the Association's TIME TO SHINE! Tips to Increase Annual Meeting Attendance Announce the annual meeting date, time, and location in as many places as possible Plan and publicize a social event after or before the meeting [...]
As we wrap up the month of January, it's crucial for HOA and condo boards to address essential "housekeeping" matters. In this blog, we'll guide you through key tasks that your board should consider in the early months of 2024. From filing the annual report with the Arizona Corporation Commission to ensuring proper insurance coverage, preparing taxes, conducting financial audits, [...]
