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HOA Institute Member Question: The Architectural Committee guidelines allow an additional 37″ widening on each side of a driveway. If a homeowner puts in a 48″ widening on each side and says it is for handicapped reasons can the Arch Committee have the homeowner reduce the expansion to 37 ” on each side without being Read More…
HOA Institute Blog
Archive for the ‘Ask the Experts’ Category
Reasonable Requests Under the Fair Housing Act
Tuesday, November 29th, 2011Who pays to fix/replace limited common areas like air-condition units?
Monday, June 6th, 2011Roofs, air-conditioning units and other areas in older condominiums wear out. At some point they need to be replaced. Repairs can be expensive. Naturally, associations and unit owners wonder who must pay for these repairs. The answer to this question generally depends on the condominium documents, particularly the Declaration of Covenants, Conditions and Restrictions (CC&Rs). Read More…
Questions to the Board
Friday, March 25th, 2011Can the board requrie that ALL questions be submitted in writing to be addressed only at the next regularly scheduled meeting? Probably not… Whether this method is reasonable is subjective and based on a variety of factors. First, does the process allow for questions to be answered on an expedited basis if the question is pressing. For example, is Read More…
Are mail-in ballots and absentee ballots the same?
Sunday, March 20th, 2011Generally, yes. Voting in Planned Communities and Condominiums are governed by the Planned Community Act and the Condominium Act. A.R.S. §§ 33-1250 and 33-1812. Under these statutes, all associations must provide for voting to be case in person and by absentee ballot and may provide for voting by some other form of delivery. Both in-person and Read More…
Can homeowners see all other violation letters sent out to other homeowners in the association?
Wednesday, March 16th, 2011Associations get requests from homeowners all of the time. Most request are rather straight forward. Others are not. One complicated question may be whether a homeowner has a right to see all other violation letters sent to other homeowners in the association. I addressed this issue in my article dated August 20, 2010. Click here Read More…
Eliminating Voting (absentee ballots vs. “some other form of delivery”)
Monday, March 14th, 2011Arizona statute controls the procedure for voting in associations. The statutes say: The association shall provide for votes to be cast in person and by absentee ballot and may provide for voting by some other form of delivery. Notwithstanding section 10-3708 or the provisions of the condominium documents, any action taken at an annual, regular Read More…
Board Members that are not in Good Standing
Thursday, March 3rd, 2011Directors 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…
Secret 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…
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…
