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Yes they can but it is up to the board. Here is what Arizona’s Open Meeting Laws say: 33-1804. Open meetings; exceptions A. Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the association and board of directors are open to all members of the association or any Read More…
HOA Institute Blog
Archive for February, 2010
Can homeowners attend closed executive board meetings?
Friday, April 23rd, 2010House Bill 2345 and House Bill 2768
Thursday, April 22nd, 2010HB2345 amends both the Condominium Act’s and the Planned Community Act’s provisions about for sale signs, for lease signs, open houses and open house signs. Under the new bill, it won’t matter what the community association’s documents say, associations cannot stop its owners from displaying indoor or outdoor for sale signs and sign riders on Read More…
Does an HOA have to provide the disabled access to the common area?
Thursday, April 22nd, 2010A recent Arizona case, Nolan v. Starlight Pines, addressed the question of when the Arizonans with Disabilities Act (ADA) or the Arizona Fair Housing Act (AFHA) apply to a community association’s private common areas. Both of these state laws have a federal counterpart as well. ADA. Arizona law prohibits discrimination “on the basis of disability in the full and equal Read More…
Arizona HOA Rules that can be Enforced and Rules that Cannot
Wednesday, April 14th, 2010The first question one must answer is whether the rule complements the CC&Rs that are already in place. Do the CC&Rs allow this kind of rule or not? If not allowed in the CC&Rs, then the rule, no matter what it may be, may not be enforceable. If the CC&Rs have no reference to the rule Read More…
Changing Association Rules To Require Approval Of Minor Modifications
Monday, April 5th, 2010QUESTION: Our community has been in existence for 10 years. The last 5 years have been Homeowner run. We are now developing our own Design Guidelines. There are currently existing one Master Design Guideline and two Pre-Approval handbooks with noted items that have already been approved and do not require Design Review approval. However, now Read More…
Can Management Companies Force Boards To Comply With Arizona Laws?
Monday, April 5th, 2010QUESTION: Can a management company force a board to comply with what it believes is Arizona law. ANSWER: Generally, a management company cannot step into the board’s shoes unless authorized to do so. This is because management companies are agents of the association. This means that any authority a management company has is delegated to it Read More…
A list of collection strategies for Arizona HOAs
Wednesday, March 31st, 2010If you are like me and like most HOA managers or officer, you are concerned with what the future holds and whether your Arizona Homeowners Association will remain financially sound. But, with some planning and the help of an attorney (if needed), your HOA can survive this recession and maybe even thrive during it. Here Read More…
What to do with foreclosed bank owned homes
Monday, March 29th, 2010If I had a dollar for every time I have spoken with a concerned homeowner or HOA board of directors about foreclosed homes within a community, I would be a very, very rich man. The resounding concern is this: “What do we do with all of these foreclosures? The homeowners aren’t paying their assessments and Read More…
Steps you can take to avoid Arizona HOA fines and feeling bullied
Thursday, March 18th, 2010Before I became an attorney, I worked as a police officer, so my schedule varied and I often worked odd hours. One evening, I didn’t get home in time to take my trashcan in before dark. As a result, I was fined $50 by my HOA. Naturally, I didn’t like getting a fine; so, I Read More…
How to Run Arizona HOA Meetings
Wednesday, March 17th, 2010When it comes to running Arizona HOA meetings, many HOA directors think that all the guidelines they need can be found in Robert’s Rules of Order and that simply following these guidelines is enough. They may be wrong. Many states have additional statutory requirements that must be followed. For example, in Arizona all meetings of Read More…
