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Does The Board Really Have To Enforce ALL Violations?

QUESTION:  My association sends violation notices for everything–from weeds, to garbage cans, to you name it.  True, all of these are violations but is there any discretion or must all violations be enforced?

ANSWER:  It depends.
LEGAL ANALYSIS
The case law says that a community association must do what its documents tell […]

Are Rental Caps Enforceable Under Arizona’s New Law?

QUESTION:  An attorney recently told me that the law now prohibits HOAs from enforcing their rental caps.  Is this true?  My concern is that my condominium would lose its Federal Housing Administration (FHA) loan backing if it exceeds their rental cap…

ANSWER:  The new law, A.R.S. 33-1260.01 for Condominiums and […]

By |February 23rd, 2015|HOA CC&Rs and Rules|0 Comments

HOA Attorney Client Privileged Communications

QUESTION:  We had an open meeting recently with our attorney.  She disclosed portions of her opinion letter about our faulty roofs to the members.  Now the members want her entire opinion letter and claim the attorney-client privilege was waived so I have to give it up.  What do I […]

By |February 9th, 2015|Ask the Experts, HOA Board of Director Resources|0 Comments

WARNING: HOA Rules About Minors Now Violate The Fair Housing Act

THIS IS A MUST READ FOR ANYONE WITH RULES RELATING TO CHILDREN
WARNING
Do your rules say “children under the age of 18 are not allowed in the pool or pool area at any time unless accompanied by an adult”?  If so, watch out!  More and more judges find that this […]

What Are A Director’s Fiduciary Duties To Homeowners?

The general rule of thumb is that a director’s fiduciary duties to homeowners is to “treat members fairly” and act “reasonably” when exercising his or her discretionary powers.  Those discretionary powers include rule-making, enforcement and design-control powers.  These duties were recently upheld by the court in Kitchukov v. Tierra Ranchos.

But […]

The Short Term Rental Conundrum

QUESTION:  Everyone loves the Superbowl… I DON’T!  I manage several condominiums and need a better way to discover and enforce short term rentals.  How do I do that?  I feel like I manage hotels rather than homes!

ANSWER:  Special events cause all sorts of interesting legal issues, including a spike in […]

Secret Ballots In HOAs

Question:  “Do absentee ballots need to be signed by the homeowner who is voting? Does any identifying information (lot number) need to be on the ballot?”

Answer:  Yes, unless …
ANALYSIS
Common Methods.  Eligible “Members” can cast votes in a community association.  To eliminate voter fraud or ballot stuffing law makers passed […]

New HOA Laws About Renters

The new rental laws can be hard to understand. Some of the language is great, some…not so much.  This article will not only break down the statute into plain language but will address how it impacts communities with the crime-free program.
The New Law
Tenant Information.  First, the new law prohibits […]

By |January 8th, 2015|HOA Legislation|0 Comments

Why Should Our HOA Contribute to Reserves

Why Don’t HOA’s Contribute to Reserves and Why Should They?
When it comes to adopting an operating budget, reserve contributions are far down on the list of items to include. A typical operating budget will include things like; utility bills, insurance premiums, landscaping maintenance, and management fees. Unfortunately, reserve contributions […]

By |December 30th, 2014|HOA Reserve Studies|1 Comment

Can Residents Report Violations And Remain Anonymous Under The New Law?

QUESTION:  A former community manager would not act on complaints unless they were signed by the individual’s first and last name.  The members want to do away with this policy and remain anonymous. I thought there was a law that requires us to disclose the first and last name of the […]