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HOA/Condo Removal Process Removing a director from the board of an HOA or Condominium in Arizona is a serious matter, and the statutory requirements for this process are outlined in A.R.S. 33-1813 and A.R.S. 33-1243. It is important to remember that these provisions of Arizona law override any conflicting provisions in an association’s governing documents, and they do not apply [...]
How to Build Community Spirit During Challenging Times We have witnessed heartwarming community spirit across our nation since the beginning of the pandemic. Community spirit has brought hope throughout this strange and uncertain time. At the onset of the pandemic, community members and neighbors joined together on lawns, at windows, on balconies, and on street corners to give frontline and [...]
Conducting Virtual Meetings in Compliance with Arizona Law Open Meeting Law Like it or not, the COVID-19 pandemic has changed how Arizona-planned communities and condominiums conduct business. Many associations now prefer conducting their board and annual meetings virtually because more owners can attend virtually, the meetings are shorter and the meetings are less confrontational. Arizona planned communities and condominiums are still [...]
Using the DISC Personality to Help Your Association Get Along and Get Things Done! DISC® is the leading personal assessment tool used by over 1 million people every year to improve work productivity, teamwork, and communication. The DISC profile is a non-judgmental tool used for the discussion of people's behavioral differences. If you participate in a DISC program, you'll be [...]
Numerous books and lectures have covered the topic of how to successfully negotiate. In a community association setting, the process of negotiating can take several forms – negotiating the terms of a contract with a vendor, negotiating a settlement with a homeowner, negotiating community strategy amongst the board, etc. If you listen to the experts, you’ll notice several common themes, [...]
Unfortunately, the majority of media coverage involving community associations is negative. With that in mind, your community needs to be prepared if the media contacts the board and/or is covering a story involving the community. The two most common scenarios where a community association will receive media coverage are (1) a conflict with a homeowner (in which case, the homeowner [...]
There are thousands of community associations in Arizona today. Characteristics of a Community Association All owners become members of a community association when they accept a deed to a lot/unit located in a community association. The governing documents (i.e. CC&Rs, articles of incorporation, bylaws and rules and regulations) create obligations on the part of the homeowners and the community association. [...]
Trustee’s Sale If an owner becomes delinquent on his/her mortgage or deed of trust, the deed of trust company may initiate foreclosure proceedings on the owner’s property by noticing a Trustee’s Sale. Secure the association’s interests: A lien places the Trustee on notice of the association’s interests, so the association will receive notice of the Trustee’s Sale and notice of [...]
Transition From Developer Control The transition from developer control occurs when control of the association shifts from the developer to the owners. The transfer of control can occur in several ways. However, the most common method is a weighted voting approach whereby the membership voting ratio is arranged so that the developer will transfer control to the association after a [...]
1. The Arizona Open Meeting Law A.R.S. 33-1804 / Condo A.R.S. 33-1248 Pursuant to Arizona law, all meetings of an association, board of directors, and regularly scheduled committee meetings are required to be open to all association members or their representatives (who have been designated as such in writing) and held in the State of Arizona. Arizona law requires further that [...]
