Login Status
QUESTION: Can a homeowner member request emails exchanged between board members and committee members? ANSWER: House Bill 2609 (ARS 33-1804 and ARS 33-1248) was passed into law by the Arizona legislature. The new language leads to questions about whether director to director, director to committee, or director to manager emails are considered association discussions subject Read More…
HOA Institute Blog
Archive for the ‘HOA Homeowner Rights’ Category
Emails: iPandora’s Box
Tuesday, September 20th, 2011Who 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…
Legal Bills-Can They Be Withheld?
Saturday, January 22nd, 2011Invoices for legal expenses oftentimes contain detailed information about the work performed and can be attorney client privileged documents. This detailed information can include names of homeowners, descriptions of their issues, and other sensitive information. Under the Condominium and Planned CommunityActs, these documents may be witheld by the board. Authored by Clint G. Goodman Goodman Law Office, 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…
The Most Important Thing To Remember
Tuesday, July 20th, 2010“The way we communicate with others and with ourselves ultimately determines the quality of our lives.” Anthony Robbins. Communicate, communicate, communicate. Need I say 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…
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…
