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QUESTION: 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…
HOA Institute Blog
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Suing for CC&R Problems
Monday, November 29th, 2010Neighbor 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…
Must A Homeowner View All Violation Letters?
Friday, August 20th, 2010I am asked (almost on a monthly basis) whether a member, who has been issued a violation, has the right to see all other violation letters sent to other members of the association. Attorneys cannot agree on this issue. Part of the problem is because this issue has not been specifically addressed by the higher courts so it is Read More…
Notice Requirements for AZ Board of Director Meetings
Tuesday, August 17th, 2010This article is long overdue. We begin our analysis by turning to the statutes. ARS 33-1804(C) provides: Unless otherwise provided in the articles or bylaws of the association, for meetings of the board of directors that are held after the termination of declarant control of the association, notice to members of meetings of the board Read More…
The Most Important Thing To Remember
Tuesday, July 20th, 2010“The way we communicate with others and with ourselves ultimately determines the quality of our lives.” Anthony Robbins. Communicate, communicate, communicate. Need I say more?
Four hoops an Arizona HOA must jump through to enforce CC&Rs and Rules
Monday, July 19th, 2010Arizona Homowners Associations must follow these steps or risk losing their ability to enforce the violation against the offending homeowner. Hoop One-send out a letter to the homeowner informing him/her what the violation is and when it must be cured. This is called a “Notice of Violation.“ The law says that only after Notice can Read More…
