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HB2345 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…
HOA Institute Blog
Archive for the ‘HOA CC&Rs and Rules’ Category
House Bill 2345 and House Bill 2768
Thursday, April 22nd, 2010Arizona HOA Rules that can be Enforced and Rules that Cannot
Wednesday, April 14th, 2010The first question one must answer is whether the rule complements the CC&Rs that are already in place. Do the CC&Rs allow this kind of rule or not? If not allowed in the CC&Rs, then the rule, no matter what it may be, may not be enforceable. If the CC&Rs have no reference to the rule Read More…
Changing Association Rules To Require Approval Of Minor Modifications
Monday, April 5th, 2010QUESTION: 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…
Amending the HOA CC&Rs
Thursday, March 11th, 2010The CC&Rs [Declaration of Covenants, Conditions and Restrictions constitutes a contract with the Arizona HOA and homeowner. This means that the provisions in the “contract” should be interpreted pursuant to their express language. The express language of the amendment provisions may determine who can and should vote. If the CC&Rs provide that an amendment requires more than Read More…
How to create enforceable rules
Thursday, February 18th, 2010Generally, an HOA board can create any rule to protect the common area and to keep the peace. The board need only ask itself two questions: 1) Does this rule complement the CC&Rs; and, 2) is this rule reasonable?
Whether a rule is reasonable depends on several subjective factors but the question you can ask yourself Read More…
Amending CC&Rs to fit the needs of your community
Saturday, November 21st, 2009Times change, and so does the law. It used to be that condominiums created before 1986 did not need to comply with the Condominium Act. Now they must, regardless of what their CC&Rs, Rules, etc., say. Many older condominiums have outdated documents. This means that some directors may be running the condominium in violation of Read More…
