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 [...]
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 [...]
