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A New Law That Might Actually HELP a Homeowner – HB2033
This is the season for new Arizona statutes to take effect from the session’s summer end. One of those bills with an HOA/Homeowner impact, HB 2133, amends Arizona Revised Statutes 33-811 to require a...
View ArticleDear HOA Boards (and Your Lawyers)… Where’s the Honor and Good Faith in...
My HOA beefs run the gamut. But this week, my beefs are with all the Boards and their lawyers regarding their complete recalcitrance in properly participating in settlement negotiations. Chalk it up...
View ArticleNotice AND an opportunity to be heard – the Fine Statutes Should Matter
Let’s do a bit of a fine refresher. Arizona statute states that an Association can fine a homeowner only after notice and an opportunity to be heard. Seems simple enough. Before the board imposes a...
View ArticleHOA Lawyers or a Board’s Personal Force-field?
Rules for lawyers prohibit a lawyer from contacting a person who is already represented by a lawyer. It makes good sense. We can’t have that kind of undue influence in legal disputes. But here’s my...
View ArticleThe HOA Gospel Truth
And Jesus said to the Crowds and Neighbors… "The board members of the HOA and their lawyers are the official interpreters of the CC&Rs. So practice and obey whatever they tell you, but don’t follow...
View ArticleHalloween is Over But HOA Problems Last All Year
A former client shared her HOAngst with me in photo form. I have her permission to use the photo and it really needs no explanation. Do you think that the HOA might write these folks a violation...
View ArticleAbout Those HOA Records… Give ‘Em Up Already!
It should be simple. The statutes in Arizona about an owner’s right to inspect and copy the HOA or Condo’s records aren’t vague or ambiguous. Here’s the plain language: Except as provided in subsection...
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Tale of the Vacant Lot and its Obligation to Pay Full Assessments
Owners’ serious questions about dirt are more frequent these days. After the bubble burst and the development dried up, many half-built HOAs now dot the landscape. Oftentimes, there’s a vacant lot...
View ArticleBack to the Future: the Case for Collecting Next Year’s Dues
You missed making the payments for four months’ of your HOA assessments. The HOA lawyers are circling and the lawsuit has been filed. All of the following statements about what can happen next are true...
View ArticleArizona’s New Laws for 2014 From the Homeowner’s Perspective: Part 1
Arizona’s legislative session ended last month and now we are counting down until the end of July for some new laws to take effect. There were only a few bills that the governor signed. One of those is...
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