Best Practices for Assessing Fines A 2017 Arizona Court of Appeals decision found that (1) attempting to levy monetary penalties/fines without a properly adopted fine schedule, which demonstrates the fine amounts and appropriateness of those fines, is per se unreasonable; and (2) even if a community association has a validly adopted fine schedule, the community association still has the burden [...]
Solar Energy in Arizona Community Associations Arizona law favors the use and enjoyment of solar energy devices by owners in a community association. Any Arizona association that is considering denying an owner’s request for a solar energy device on that owners property should discuss the denial with their legal counsel prior to denying an application. What Qualifies as a “Solar [...]
AN OVERVIEW OF THE SELF-MANAGED COMMUNITY ASSOCIATION A community association is a nonprofit corporation, a business that is governed by federal law, nonprofit corporation law, Arizona State statutes and the governing documents of the association. The volunteer board of directors has fiduciary duties to the association and a responsibility to protect the assets of the association. It is important to remember that self-managed and professionally [...]
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. Members or their designated representatives are [...]
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. [...]
