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Directors should be in good standing (i.e. caught up on their dues, not in violation of community documents, etc.) while serving on the board. Many of the lawsuits brought in Arizona are brought because the homeowner alleges that the board is not treating everyone fairly or that the directors are receiving favoritism because of their Read More…
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Board Members that are not in Good Standing
Thursday, March 3rd, 2011Secret Ballots-Are They Legal And Must They Be Disclosed?
Saturday, February 19th, 2011Some governing documents provide for a “secret written ballot”. The question then becomes whether secret ballots are permissible under Arizona law and, if they are permissible, whether they must be disclosed upon request by a member. The legal community has been debating secret written ballots for some time. Some argue that all ballots in Arizona must contain the name of the Read More…
Legal Bills-Can They Be Withheld?
Saturday, January 22nd, 2011Invoices for legal expenses oftentimes contain detailed information about the work performed and can be attorney client privileged documents. This detailed information can include names of homeowners, descriptions of their issues, and other sensitive information. Under the Condominium and Planned CommunityActs, these documents may be witheld by the board. Authored by Clint G. Goodman Goodman Law Office, Read More…
Maintenance Problems…
Monday, January 3rd, 2011As the economy’s waistline gets slimmer and slimmer, more and more associations have to cut out the once blissful things…heated pool, weekly landscaping, and the list goes on. The reduction in these services causes some members to wonder whether they have to continue to pay their assessments. The answer is, “yes.” The law requires each Read More…
Suing for CC&R Problems
Monday, November 29th, 2010QUESTION: Can a Board be sued for not enforcing its Declaration of Covenants, Conditions and Restrictions, Design Guidelines or other Rules and Regulations? ANSWER: Yes, but one should consult with a qualified Arizona HOA attorney before jumping to conclusions. In Arizona, a board owes a duty to its members to enforce the community documents. More specifically, Read More…
Neighbor Disputes within Arizona HOAs-Must the Manager or Board of Directors get Involved?
Thursday, October 28th, 2010Many Arizona homeowners built or purchase their homes in communities with CC&Rs and Rules & Regulations because they think doing so will protect them from neighborhood nuisances like loud parties, barking dogs and inoperable cars. When they find themselves in exactly the situation they wanted to avoid – in the midst of a dispute with Read More…
Suspending Arizona HOA Membership Privileges
Tuesday, October 26th, 2010There are many things a board of directors can do to enforce the community documents or motivate offending homeowners to pay their assessments. One thing a board or its manager can do is suspend voting rights or the right to use the community amenities (i.e. swimming pool, recreational facility, tennis courts, etc.). A growing number of Read More…
Absentee Ballots vs. Mail-in Ballots in Arizona HOAs
Monday, October 25th, 2010Some folks confuse absentee ballots with mail-in ballots. Mail-in ballots are ballots completed by the membership and returned to the association to be tallied with in-person ballots cast at the meeting. Arizona statutes require that all voting be conducted by in-person ballots and absentee ballots. The association can provide for a reasonable form of delivery. Read More…
Bankruptcy Does Not Kill Arizona HOA Collections!
Thursday, September 16th, 2010Lawyers love their legal maxims. One of my personal favorites is incendium aere alieno non exuit debitorem. It means a fire does not release a debtor from his debt. Many people think that a Arizona homeowners associations assessments are completely wiped out when one of its homeowners files for bankruptcy. That may not be true. Bankruptcy Read More…
Posting Delinquency Lists
Monday, August 23rd, 2010There isn’t a statute that addresses posting delinquency lists. Rather, the statutes address what documents must be disclosed and what documents may be withheld from the members. Generally, records that can be withheld are termed “confidential” and the records that must be disclosed are “public.” In the context of community associations, “public” simply means to Read More…
