Login Status
QUESTION: 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…
HOA Institute Blog
Archive for the ‘Ask the Experts’ Category
Changing Association Rules To Require Approval Of Minor Modifications
Monday, April 5th, 2010Can 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 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… Read the rest of the answer by clicking here.
Can the HOA place a lien on my house?
Saturday, March 6th, 2010QUESTION: Can the HOA put a lien on my house? ANSWER: Yes, but there are rules the HOA must follow. The idea of an association being able to place a lien on your real property is frightening to many homeowners. However, homeowners do not realize that according to the Declaration of Covenants, Conditions and Restrictions Read More…
Can HOAs force homeowners to do something that is not in the CC&Rs?
Friday, March 5th, 2010QUESTION: Can an HOA force a homeowner to do something that is not in the CC&Rs?? ANSWER: The Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) constitutes a contract between the association and its homeowners. Thus, homeowners are typically contractually obligated to comply with express provisions of the CC&Rs so long as it does not violate Read More…
Can an HOA turn off the water for non-payment of fees or fines?
Thursday, March 4th, 2010QUESTION: Can the HOA cut off water for non-payment of fees or fines (we do not have individual water bills)? ANSWER: Some older Condominium projects were apartment conversions, also some townhome developments were built with a common water supply to all of the units. In both cases HOA fees may be used to pay the Read More…
HOA dog parks, liability and waivers
Wednesday, March 3rd, 2010QUESTION: With regard to dog parks… If the HOA posted self liability signs , had dog owners sign waivers, etc. similar to the warning or info signs that cities put on the entrances to dog parks, would that change the liability environment as far as the HOA was concerned? I would guess that in the Read More…
Must I comply with the Association’s rules when adding onto my home?
Saturday, February 27th, 2010QUESTION: We want to construct a new 6’ high block fence. Our CC&R’s state that fence height shall not exceed 4’. However there are existing fences that are higher than 4’. I have to submit a sketch with the proposed fence location and height. If my plan for the 6’ fence is rejected could I Read More…
Can associations restrict parking of police/fire?
Friday, February 26th, 2010QUESTION: HOA’s say that you can not park your car on a city owned street, but they allow emergency vehicles to park on the street at there home address. Is this fair treatment or does it fall under not being fair according to Arizona? ANSWER: The Arizona Condominium Act and the Planned Community Act both… Read More…
Can our association give more votes to those that own larger units/homes?
Thursday, February 25th, 2010QUESTION: Our By-Laws state in all matters requiring a vote of the Owners that voting shall be on a percentage basis and the percentage of the vote to which each owner is entitled is the same as the percentage interest in the common elements which is appurtenant to such unit. The units vary from 870 to Read More…
