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Most Arizona HOAs (i.e. homeowners associations) and condominiums are non-profit corporations. In Arizona, these non-profit community associations are governed by the Arizona Non-profit Corporation Act. The Non-profit Corporation Act has a provision in it that addresses the association’s books and records. A.R.S. §10-11601 states that the association must keep “as permanent records minutes of all Read More…
HOA Institute Blog
Archive for the ‘Ask the Experts’ Category
How Long Must Arizona HOA Records Be Kept?
Thursday, July 15th, 2010HOA Actions in Lieu
Wednesday, April 28th, 2010An “action in lieu” is generally defined as a decision or specific action taken by a board without a meeting. Bylaws may allow directors to act in lieu of a meeting but caution should be taken to ensure that any action taken outside of a meeting complies with all relevant laws as set forth in the Read More…
Can homeowners attend closed executive board meetings?
Friday, April 23rd, 2010Yes 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 person designated Read More…
House 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, 2010
A 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 enjoyment of Read More…
Must The Board Notify The Homeowner When The Homeowner’s Rights To Vote Are Suspended?
Tuesday, April 6th, 2010Among the duties of the board includes the duty to treat all members fairly and to act reasonably in managing the association. Typically, members that are delinquent are sent a notice stating that their account is past due. The Bylaws may give the delinquent homeowners notice that they cannot vote. In other words, since the Read More…
HOA Meeting Minutes That Need Not Be Disclosed Under Arizona’s Open Record’s Laws
Monday, April 5th, 2010The question is often asked, “What recourse does a member have (short of lawsuit) when they are formally denied access to minutes taken at an executive meeting?” The answer is generally, “nothing really.” Planned Communities and Condominiums are governed by the Arizona Planned Community Act and the Arizona Condominium Act. Both Acts provide that a Board 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 by Read More…
Who should the HOA send violation notices to? Homeowner or Tenant?
Sunday, March 7th, 2010Generally, community documents require that owners, not renters, be contacted by the Arizona HOA for any alleged/perceived violations. This is because it is the owner of the property, not the renter, who must…
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