Sometimes a homeowner refuses to pay assessments because he doesn’t think the HOA is using that money wisely. I had one homeowner recently tell me he would not pay his dues until the association fixed the roads. Another demanded the park trees be trimmed first. And yet another […]
Tonight I watched a video pranking Howie Mandel. One of his buddies thought it would be funny if he used 4,000 rolls of toilet paper to tee-pee his house. It was quite entertaining. Check it out below, it’s worth a few minutes. In all seriousness, though, this prank brings up an important […]
QUESTION: We (the management company) charge a $50 administrative fee when we send a file to collections. A homeowner attorney sent us a demand letter saying we cannot pass these costs on to his client. Is he right? What are the rules for collecting management fees?
ANSWER: It depends. Make […]
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 they always enforce violations?
ANSWER: It depends.
The case law says that a community association must do what its documents tell […]
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 […]
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 […]
THIS IS A MUST READ FOR ANYONE WITH RULES RELATING TO CHILDREN
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 […]
The general rule of thumb is that a director’s fiduciary duties are to the non-profit corporation and not the homeowners. Each state has its own laws about fiduciary duties so it is important to check your local rules. That said, the real question is what “duties” are owed to […]
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 […]
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 …
Common Methods. Eligible “Members” can cast votes in a community association. To eliminate voter fraud or ballot stuffing law makers passed […]