Dear Clients and Friends, There is finally a chill in the air and Halloween and trick-or-treating is around the corner! We hope you are enjoying the change of season in Arizona by taking a walk or hike, carving a pumpkin or having an Oktoberfest block party in your neighborhood. Owners Not Paying Assessments? Don't Get Annoyed, Take Action! Does your [...]
Short term rentals are becoming more and more popular, especially in Arizona. Pursuant to ARS 33-1260.01(A) / 33-1806.01(A), “A member may use the member's property as a rental property unless prohibited in the declaration and shall use it in accordance with the declaration's rental time period restrictions.” If your community association’s declaration does not prohibit rentals or place any time [...]
The Arizona Daily Star recently ran an article regarding a planned community in Tucson that requires its homeowners to pay $500 to have the planned community’s architect review solar panel installation plans prior to the solar panels being installed on an owner’s single family residence within the community association. Can the community association legally charge a homeowner this fee for [...]
The establishment, composition, function and scope of authority of the architectural or design review committee is typically set forth in the association’s CC&Rs. It is important for each member of the committee to be familiar with the relevant architectural/design provisions in the CC&Rs, along with any properly adopted architectural/design rules, so that the committee can function and render decisions appropriately. [...]
Effective communication is a cornerstone of any successful community association. In order to effectively communicate requires HOA boards to not only deliver clear, transparent and thoughtful messages to the membership, but also to seek and listen to input from the membership to the board. In the digital age, the form, manner and style of communication can be just as important [...]
Your Board, or management company, received a records request from a member – what should you do next? First, it is important to keep in mind that Arizona law requires Planned Communities (A.R.S. Section 33-1805) and Condominiums (A.R.S. Section 33-1258) to make all financial and other records of the association reasonably available for examination by a member or a member’s [...]
Most community associations have a number of legal documents that govern the use of the property within the association. The documents may include, but are not limited to: the Plat, the Declaration of Covenants, Conditions and Restrictions (CC&Rs), the Bylaws, the Rules and Regulations, Architectural Guidelines, and the Articles of Incorporation. In addition to being governed by all of these [...]
In my opinion, the best way to get a tenant to comply with the association’s documents is to aggressively pursue the owner for the tenant’s violations. Most association documents state that a landlord/owner is responsible for the behavior of their tenants and guests. Once the landlord/owner figures out that the tenant is starting to cost the landlord/owner more money than [...]
The Fair Housing Act (“FHA”) prohibits a community association from discriminating against a person in providing services or facilities in connection with a sale or rental because of disability. Prohibited discrimination includes (1) a refusal to make reasonable accommodations; and (2) a refusal to permit reasonable modifications. In a community association context, a common example of a request for a [...]
The Holiday season has officially arrived! Adopting a Holiday Lights/Decorations policy can be a great way to encourage the community to embrace the spirit of the Holidays, while also regulating lights and decorations to ensure consistency and equal treatment amongst the membership. The following are several suggestions for your community’s Holiday Lights/Decorations Policy: • Avoid a total ban on holiday [...]
