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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
Posts Tagged ‘hoa receiver’
Three Types of Arizona HOA Meetings Defined
Friday, September 23rd, 2011Emails: iPandora’s Box
Tuesday, September 20th, 2011QUESTION: 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…
Annual 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…
Managing Trees to Reduce Monsoon Damage
Thursday, July 21st, 2011The monsoon season in Arizona generally begins in July and lasts into September. During this time, we often experience intense weather events with high winds, dust- and thunderstorms. The high winds that can occur during this time can damage trees, ripping off branches or even blowing them over and uprooting them. Proper tree selection as Read More…
Definitions–How Important Are They Anyways?
Saturday, June 11th, 2011Many CC&Rs have a definitions section. Definitions are an important part of any community’s documents. Some definitions simply summarize or describe what a term means. Other definitions may also include additional restrictions. For example, definitions that require membership vote to amend Bylaws require just that.
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…
Are mail-in ballots and absentee ballots the same?
Sunday, March 20th, 2011Generally, yes. Voting in Planned Communities and Condominiums are governed by the Planned Community Act and the Condominium Act. A.R.S. §§ 33-1250 and 33-1812. Under these statutes, all associations must provide for voting to be case in person and by absentee ballot and may provide for voting by some other form of delivery. Both in-person and Read More…
Can homeowners see all other violation letters sent out to other homeowners in the association?
Wednesday, March 16th, 2011Associations get requests from homeowners all of the time. Most request are rather straight forward. Others are not. One complicated question may be whether a homeowner has a right to see all other violation letters sent to other homeowners in the association. I addressed this issue in my article dated August 20, 2010. Click here Read More…
Eliminating Voting (absentee ballots vs. “some other form of delivery”)
Monday, March 14th, 2011Arizona statute controls the procedure for voting in associations. The statutes say: The association shall provide for votes to be cast in person and by absentee ballot and may provide for voting by some other form of delivery. Notwithstanding section 10-3708 or the provisions of the condominium documents, any action taken at an annual, regular Read More…
