Short-term rentals continue to be a hot button topic in Arizona, and throughout the Country. A recent opinion from the Texas Court of Appeals, Duncan v. Prewett Rentals Series 2 752 Military, LLC, No. 03-21-00244-CV (Tex. App. Aug. 19, 2022), contemplated whether a short-term rental, by operation of its use as a “party house” violated the private residential use restriction [...]
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 [...]
The installation of artificial grass in community associations is becoming an increasingly pressing topic. With the Arizona Department of Water Resources’ (AWDR) goal of sustainable water supplies by 2030 in mind, it would certainly make sense for artificial turf to become a popular means of reducing water usage for property owners. Therefore, with the expectation of water reductions for associations [...]
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 [...]
Here's a Quick 4-1-1 on the best way HOAs/condos can effectively handle owners who violate community parking restrictions. The Most common parking issues in HOAs/condos are the following: overnight on-street parking; and illegal parking of RVs, campers, commercial vehicles, boats, trailers on streets/common areas or on an owner’s property. What is the best way to handle parking violations in an [...]
There is a growing problem in community associations – hoarders. These owners hoard books, newspapers, trash, knick-knacks, furniture, scrap metal, tools, clothes, animals, rotting food and everything in between. Unfortunately, this is a common problem and has been identified as a serious behavioral illness. “Hoarders” are usually isolated and suffer from the psychological issues that produce the clinical definition of [...]
As of last week, according to ADHS, over 40% of Arizona’s population has received at least one dose of the vaccine. As you may have heard, the CDC has released a new set of mask guidelines for vaccinated people. If you are an Arizonan that is fully vaccinated against COVID-19, the CDC’s new guidelines suggest that you can take your [...]
One of the larger problems in HOAs/condos is getting owners to follow the CC&Rs, bylaws and rules. Some of the most typical violations by owners are the following: tenants not following rules, not getting ACC approval, failure to maintain landscaping, not putting away trash cans, parking, smoking, installing unapproved signs and flags and not paying assessments. The following are some [...]
The Fifty-fifth First Regular Session started on Monday, January 11, 2021 and is scheduled to adjourn on April 24, 2021. It’s been an interesting year at the Arizona Legislature so far! This session has been dominated by adoption of the budget and COVID-19/politically-charged issues. Yesterday, the Arizona legislature sent Senate Bill 1377 to Governor Ducey to sign. This bill will [...]
An owner in our HOA wants to place solar panels on the roof of their home. Does our board have to allow this? Short Answer: Likely, yes. However, the owner still must comply with any architectural approval requirements in the association’s documents. Long Answer - here’s a quick recap of the law: Arizona Revised Statute Section 33-1816 (the Planned Communities [...]
