In Arizona, the vast majority of community associations are formed as either Condominiums, which are subject to the Arizona Condominium Act (A.R.S. Section 33-1201, et seq.); or, Planned Communities, which are subject to the Arizona Planned Communities Act (A.R.S. Section 33-1801, et seq.). In many communities, the distinction is clear. However, there are some cases where the classification of Condominium [...]
This law applies to planned communities and condominiums. A majority of the board can vote to amend the CC&Rs without a vote of the membership to remove unlawful provisions in the CC&Rs which violate fair housing laws. "Unlawful restriction" means a prohibition, restriction, covenant or condition in a document that interferes with or restricts the transfer, use or occupancy of [...]
UPDATES AS OF December 11, 2024: On December 3, 2024, a federal judge in the Eastern District of Texas issued a nationwide preliminary injunction, temporarily suspending the enforcement of the CTA. As we expected, the U.S. Department of Justice has appealed this order. Current FinCEN guidance states that reporting companies are not currently required to file beneficial ownership information with [...]
Updated December 9, 2024 Overview of CTA The Corporate Transparency Act (“CTA”) is a federal law passed in 2021 to track criminal or terrorist money laundering and safeguard national security and the U.S. financial system. Applicability to HOAs and Condos in Arizona Yes, the CTA applies to HOAs and condos in Arizona, with limited exceptions: Associations that are actively tax [...]
In a recent case out of New Jersey, Players Place II Condominium Association Inc., v. K.P., No. 088139 (N.J. March 13, 2024), the New Jersey Supreme Court evaluated whether an emotional support pet, which exceeded the community’s weight restrictions, was permissible under The Fair Housing Act (“FHA”). The association in this case had a rule limiting pets to a maximum [...]
Prior to turning a file over to our firm for collection of delinquent assessments, associations must provide the owner proper notice pursuant to A.R.S. 33-1807(K)/A.R.S. 33-1256(K). Pursuant to the statute, associations must send notice to the owner, via certified mail return receipt requested, to the owner’s mailing address on record. The notice must contain specific language (see below) and the [...]
It's Annual Meeting Season! Our firm has been busy helping clients prepare for and execute successful annual meetings. After all, the Association's annual meeting is the Association's TIME TO SHINE! Tips to Increase Annual Meeting Attendance Announce the annual meeting date, time, and location in as many places as possible Plan and publicize a social event after or before the meeting [...]
As we wrap up the month of January, it's crucial for HOA and condo boards to address essential "housekeeping" matters. In this blog, we'll guide you through key tasks that your board should consider in the early months of 2024. From filing the annual report with the Arizona Corporation Commission to ensuring proper insurance coverage, preparing taxes, conducting financial audits, [...]
The Federal Fair Housing Act Amendments of 1988 expanded protections for individuals with all types of disabilities, thus banning the prohibition of "group homes" (a group of unrelated disabled individuals living together in a dwelling) in community associations. The association should request documentation from the "group home" operator that verifies the existence of the disability- related need for the variance. [...]
HB2251, which amends A.R.S. Section 33-1253 of the Condominium Act (it does not apply to Planned Communities) was signed by the Governor on 06/19/2023. This new law will impact insurance coverage and insurance claims in Arizona Condominiums, as follows: HB2251 amends A.R.S. Section 33-1253(A)(1) by clarifying that the Association is only required to provide property insurance on the units if [...]
