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to view our most recent Legislative UpdateBidding and Contracting Properly managing an association’s finances is one of the fiduciary duties of an association board of directors. Within that financial responsibility is the management of the reserve fund and any association contracts. The board must do its due diligence and request bids to complete a new capital project, follow through with an identified reserves maintenance project or [...]
The Arizona Open Meeting Law A.R.S. 33-1804 / Condo A.R.S. 33-1248 Board meetings are open to all members of the association: Notwithstanding any provision in the association documents, all meetings of the association, board of directors and regularly scheduled committee meetings are open to all members of the association, or any person designated by a member in writing as the member's [...]
Architectural/ Design Review Committee (ARC/DRC) The function of the architectural or design review committee, usually established in the association’s CC&Rs, is to review and approve homeowner requests for additions, renovations and exterior changes to members’ homes or landscaping in compliance with the Association’s CC&Rs or design review guidelines (CC&Rs and design review guidelines provide land use restrictions along with limits [...]
Reasons to Amend An Association’s Documents The most common reasons for amending association documents are the following: to delete or modify restrictions that are outdated, ambiguous or unreasonable; to comply with changes in federal, state and local laws or ordinances; to delete or modify provisions inconsistent with the management and operation of the association; to delete provisions regarding the rights [...]
Best Practices for Assessing Fines In 2017, an 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 [...]
