Enforcement

Can AZ HOAs/Condos Restrict Home Ownership or Occupancy by Registered Sex Offenders?

Arizona law requires registered sex offenders to notify law enforcement of their residence, and those classified as Level 2 (intermediate risk) or Level 3 (high risk) trigger mandatory community notification. This means law enforcement will alert neighbors, schools, and community groups when these offenders move into an area, often providing details such as their photograph, address, and criminal background. HOAs/condos, [...]

Best Practices for Violations Notices & Fines

Arizona law sets clear guidelines for how HOAs/condos must handle violation notices and levying fines. When a homeowner is alleged to have violated an association rule, the association should send a violation notice by US mail, unless the community’s governing documents specify a different method. The notice must detail the specific rule that was violated, the date the violation was [...]

Maintaining Your Community Pool

Your community pools are likely very busy right now as residents attempt to beat the heat! Pools can be an attractive, albeit expensive, amenity for potential owners, especially in warmer climates like we have here in Arizona. It is important for communities to manage and maintain their pools in good condition so that owners can continue to enjoy the amenities [...]

Holiday Decoration Policy

As we step into the season of festivities, we have a couple questions for you: Has your association adopted a holiday decoration policy? And does that policy encompass Halloween decorations? We've already seen some great Halloween displays making headlines on the news! From the eerie to the extravagant, it's clear that the spirit of Halloween is alive and well. For [...]

TEXAS COURT OF APPEALS UPHOLDS RENTAL TIME PERIOD RESTRICTION AMENDMENT

A recent opinion from the Texas Court of Appeals, Angelwylde HOA, Inc., v. Fournier, No. 03-21-00269-CV (Tex. App. Mar. 17, 2023), held that a 12-month minimum rental restriction, which was adopted in accordance with the amendment provision in the CC&Rs is valid and enforceable. While the case law is not binding upon Arizona community associations, Arizona Courts will likely be addressing [...]

How to Handle a Short Term Rental Violation?

Question: We have a resident that has their casita and home on VRBO and Airbnb as a short term rental despite the fact that short term rentals are against our association’s CC&Rs. He has received notice and is now being fined, however refuses to pull the listing. Does our HOA have any legal actions we can take against the homeowner? [...]

LOCAL ORDINANCES IMPACTING SHORT-TERM RENTALS

With the Super Bowl being hosted in Glendale, Arizona in February, 2023, a significant increase in short-term rental activity is expected throughout the Valley. On March 30, 2022, Governor Ducey signed SB1168, which impacts both Planned Communities and Condominiums, and places significant regulations on short-term rental properties. Please follow this link for the full details regarding SB1168: https://www.mulcahylawfirm.com/sb1168-vacation-rentals-short-term-rentals-enforcement/ In addition [...]

Emergency Response Vehicles

Most Planned Community Governing Documents include restrictions regarding the types of permitted vehicles and where those vehicles may be parked/maintained. However, the Arizona Legislature carved out specific exceptions for certain emergency response vehicles. Pursuant to ARS Section 33-1809[1], Notwithstanding any provision in the community documents, an association shall not prohibit a resident from parking a motor vehicle on a street [...]

Self-Help

Self-help, which typically means a community association's right to cure a violation on a lot/unit, is somewhat of a controversial legal remedy. The authority to exercise self-help, circumstances under which self-help is allowable and/or advisable, and the proper protocol (i.e., procedure, notice, etc.) are all dependent upon the provisions in the governing documents. However, if your community is considering exercising [...]

Recent Short-Term Rental Case

The Supreme Court of South Dakota recently ruled upon a short-term rental case involving a community association. In Wilson v. Maynard, No. 29307 (S.D. Jun. 16, 2021), the community association’s declaration only permitted “residential purposes”. After the Maynards began renting their property to large groups as a short-term rental, a neighbor (Wilson) file suit alleging that the short-term rentals unambiguously [...]

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