Enforcement

Why are solar panels getting the cold shoulder from homeowners associations?

http://www.contracostatimes.com/breaking-news/ci_28954784/solar-panels-getting-cool-reception-from-homeowners-associations This article posted this week regarding Solar Panels in Community Associations brings up a very common question that I receive from planned community boards: “Can we prohibit owners from installing solar panels on their Lot?” The short answer is “no”. Arizona law, specifically, Arizona Revised Statute Section 33-1816 of the Planned Community Act, addresses installation of solar panels or solar [...]

HOA Board President Resigns after Flag Fiasco

You may have seen this story over the last week about the Utah woman fighting her HOA on the fines they were assessing her for flying her American flag. The situation got so heated with other residents joining the fight that the HOA President has now resigned. Murray American flag fiasco dies down as HOA president resigns It is unfortunate [...]

Is it True that the Arizona Department of Fire Building and Life Safety Hears Disputes Between Owners and Associations?

Yes, it is true that the Arizona Department of Fire Building and Life Safety hears disputes between owners and Associations. "In 2011, the Arizona Legislature passed legislation providing Arizona homeowners and condominium and planned community associations (HOA’s) a venue for resolving disputes. These administrative procedures provide an alternative to the civil court system and do not limit the legal rights of the [...]

“Oh no! I have a DRONE in my Backyard!”

By: Beth Mulcahy, Esq. and Jennifer Rentschler, Esq. Drones are Everywhere! If you haven't seen a drone yet, chances are you soon will. Drones were originally used for military purposes, but newer technology and falling prices have put drones - many with cameras attached - in the hands of private citizens. For about $100 on Amazon.com, you, too, can own [...]

Handle Hoarders Carefully

By Beth Mulcahy, Esq. There is a growing problem in community associations - owners who hoard books, newspapers, trash, knick-knacks, furniture, scrap metal, animals, rotting food and everything in between. The problem is common 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 hoarding, [...]

Display of Flags in an Association – Happy 4th of July!

By Beth Mulcahy, Esq. Over the past several years, there have been articles on national and state levels regarding whether or not an owner can display a flag on his/her/their property in an association. Arizona law is quite clear on this issue. Pursuant to Arizona law (A.R.S. Section 33-1808 (A) and (B) for planned communities and 33-1261 for condominiums), an [...]

Pools and Pool Safety

By Beth Mulcahy, Esq. Does your board have a resident or vendor who likes to “prop open” the pool gate to make access to the association pool easier? If so, for safety and liability reasons, your board should take a proactive stance regarding the improper propping open of a gate/fence. First, your board should consider adopting and enforcing a rule [...]

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