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“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?
HOA Institute Blog
Archive for the ‘HOA Homeowner Rights’ Category
The Most Important Thing To Remember
Tuesday, July 20th, 2010Can 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 person designated Read More…
Does an HOA have to provide the disabled access to the common area?
Thursday, April 22nd, 2010
A 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 enjoyment of Read More…
Steps you can take to avoid Arizona HOA fines and feeling bullied
Thursday, March 18th, 2010Before I became an attorney, I worked as a police officer, so my schedule varied and I often worked odd hours. One evening, I didn’t get home in time to take my trashcan in before dark. As a result, I was fined $50 by my HOA. Naturally, I didn’t like getting a fine; so, I Read More…
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…
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 consent requirements Read More…
A step by step guide on how to keep yourself from being sued by your HOA
Thursday, February 18th, 2010Step 1—Before you buy a house, read and understand the CC&Rs, rules, bylaws and other documents that apply to the community where the home is located. Never skip over any sections that you don’t understand. Never assume that a provision will not be enforced because it doesn’t seem fair. Get an attorney to explain anything Read More…
What Financial Records and other Documents must be Disclosed to Homeowners
Thursday, February 18th, 2010I have lost track of how many times I hear this question. All of us have asked it. The answer can be a little tricky if you are not careful. The starting point is most states like Arizona is the statutes. In Arizona, both the Condominium Act and the Planned Community Act provide that “all Read More…
A list of your rights and obligations
Monday, January 4th, 2010Drawing on decades of experience, our HOA attorneys have created the following list of the rights and obligations of a homeowner:
Rights
Use the common area, such as the clubhouse and recreational facilities
Elect or remove an HOA board
Vote to change the CC&Rs (covenants, conditions and restrictions)
Demand your HOA keep the common areas looking good and safe
Make sure Read More…
