Bidding 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 [...]
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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 C&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The most common reasons for amending association documents are the following: to delete or modify restrictions that are outdated, ambiguous or unreasonable; to comply with changes in federal, state and local laws or ordinances; to delete or modify provisions inconsistent with the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 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 [...]
The 2017 Arizona legislature adjourned on May 11, 2017. The effective (or start) date for all bills signed by Governor Ducey is August 9, 2017, unless otherwise specified. Please note that all laws apply to both Planned Communities and Condominiums. SUMMARY OF SENATE BILL 1060 HOA/Condo Dispute Process This is a technical correction bill that formally moves the administrative hearing dispute process between [...]
The 2016 Arizona legislature adjourned on May 7, 2016. The effective (or start) date for all bills signed by Governor Ducey is August 6, 2016, unless otherwise specified. SUMMARY OF SENATE BILL 1350 Short Term Rentals A city, town or county may not prohibit or restrict the use of/regulate (based on their classification, use or occupancy) vacation rentals or short-term rentals. A city, [...]
The 2015 Arizona legislature adjourned on April 3, 2015. Although there was no new legislation, there were several changes to existing laws that affect planned communities and condominiums. Below is a summary of those bills. These statutes become effective 91 days after the date of adjournment (unless otherwise noted) which is July 3, 2015. SUMMARY OF SENATE BILL 1048 SB 1048 amends A.R.S. Section [...]
SB1482 OMNIBUS BILL Amending Numerous Sections These sections apply to planned communities and condominiums unless otherwise indicated. Rental Property A.R.S. Sections 33-1260.01 and 33-1806.01 Unless prohibited in the declaration, owners may rent their property. Owners may designate third parties to act as the owner’s agent with respect to all association matters relating to the rental unit. An owner may designate in [...]
The 2013 Arizona Legislative Session (51st Legislature, First Regular Session) adjourned on June 14, 2013. Similar to prior years, there were numerous bills pertaining to planned communities and condominiums regarding a wide range of subjects. This year, three bills pertaining to planned communities passed both legislative chambers and were signed by the Governor. Each bill has a different effective date [...]