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Some 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…
HOA Institute Blog
Archive for the ‘Ask the Experts’ Category
Absentee Ballots vs. Mail-in Ballots in Arizona HOAs
Monday, October 25th, 2010Can a PUD Rider Help Associations’ Finances?
Tuesday, August 31st, 2010Nowadays many Arizona homeowners associations have abandoned homes with owners that leave for parts unknown and banks that will not foreclose. Those abandoned properties sometimes raise city eyebrows because of the weeds and other ordinance violations. In these situations, some Arizona HOAs wonder whether they have any financial recourse against the lender’s servicer under the PUD (Planned Unit 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…
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…
How Long Must Arizona HOA Records Be Kept?
Thursday, July 15th, 2010Most 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 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 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, 2010A 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 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…
