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This last session the legislature defined three types of meetings: (1) member meetings, (2) board meetings and (3) committee meetings. Member meetings generally include member voting. For example, annual meetings and elections are considered member meetings. A good rule of thumb is that if members are voting on an issue, it is a member meeting. Read More…
HOA Institute Blog
Archive for the ‘HOA Board of Director Resources’ Category
Three Types of Arizona HOA Meetings Defined
Friday, September 23rd, 2011Annual Meetings and Voting – AZ HOAs
Saturday, September 10th, 2011I was recently asked whether any new laws changed membership meeting voting procedures. For example, one director asked if he could eliminate voting at the annual meeting. He said he thought this was now possible under revisions to ARS 33-1812, which provides that the board may provide for some other form of delivery. Actually, ARS Read More…
Who 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…
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…
Suspending Arizona HOA Membership Privileges
Tuesday, October 26th, 2010There are many things a board of directors can do to enforce the community documents or motivate offending homeowners to pay their assessments. One thing a board or its manager can do is suspend voting rights or the right to use the community amenities (i.e. swimming pool, recreational facility, tennis courts, etc.). A growing number of Read More…
Can 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…
