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QUESTION: 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…
HOA Institute Blog
Archive for the ‘Ask the Experts’ Category
HOA dog parks, liability and waivers
Wednesday, March 3rd, 2010Must 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…
Should our association hire experts to help the Design/Architectural Review Committee review/approve applications?
Thursday, February 25th, 2010QUESTION: Our CC&Rs state that the Design Review committee may hire architects and engineers, as necessary, to assist them in the performance of their duties. In this context, what does “as necessary” mean. Our community is already built out and when a homeowner has a major project they hire their own architects. The Design Review Read More…
Does the Condominium Act now govern all older Condominiums
Wednesday, February 24th, 2010QUESTION: If an association was under the horizontal regime act and they file a law suit in 2009 using that legalities in their old documents but not he Condo law which law is in control now? Should the CC&R’s be revised to match the Condo Laws? ANSWER: The law changed. Now, all condominiums, regardless of Read More…
Can Condominiums foreclose on units for legal fees and other collection costs?
Wednesday, February 24th, 2010QUESTION: AS Per ARS 33-1256 can the association foreclose for legal fees and costs if the assessments have been paid in full? ANSWER: No. ARS 33-1256(A) provides the lien “may be foreclosed only if the owner has been delinquent in the payment of monies secured by the lien, excluding… Read the rest of this answer Read More…
February 22, 2010 Legislative Update
Tuesday, February 23rd, 2010So, here is the latest scoop on current House Bills pending with the Arizona Legislature. Some of them make sense, others do not. House Bill 2153. It says that a Planned Community cannot regulate regulate activity on public streets. Passed the House by a vote of 46-14-3. Currently in the Senate. House Bill 2641. Changes the unanimous Read More…
Design Review Committee Conflicts
Tuesday, February 23rd, 2010QUESTION: We have a situation that is occuring in our Design Review Committee meetings that is causing quite a bit of anger amongst our homeowners who have had their applications turned down. It seems that when an application has been turned down some of the professional architects on the committee who just participated in the Read More…
Different Opinions Between Lawyers About The “Open Meeting” Laws
Tuesday, February 23rd, 2010QUESTION: More on the Arizona HOA Open Meeting statute. Since there seems to be such a variance of opinions between lawyers I would like to contact the legislator who introduced the bill. There is such a distinct separation in the first sentence of the Statute between “all meetings of the association” and “Board of directors” Read More…
