Governor Ducey approved HB2158 on April 13, 2022. Sponsored by Representative Kavanagh of Fountain Hills, the bill limits prohibitions Homeowner Associations (HOA) may enforce in relation to speech involving the HOA. The bill becomes effective 91 days after the legislative session adjourns and will be codified under the Arizona Revised Statutes §§ 33-1261 and 1808.
Read MoreOn March 30, 2022, Arizona Governor Doug Ducey signed HB 2131 into law. Sponsored by Representative Kavanaugh of Fountain Hills, the bill essentially limits an associations’ ability to enforce provisions of its Declaration of Covenants, Conditions, and Restrictions (CC&R) that include a prohibition on artificial grass. HB 2131 will become effective 91 days after the 2022 regular legislative session ends and will be established as A.R.S. § 33-1819.
Read MoreAmendments to a Homeowners Associations’ Covenants, Conditions, and Restrictions, can be challenged, even if the amendment was passed by a majority of the homeowners and duly recorded. On March 22, 2022, the Arizona Supreme Court published its decision for Maarten Kalway v. Calabria Ranch HOA, LLC. The case involved a dispute between an H.O.A. and a homeowner after the H.O.A. amended its governing documents to impose new limitations on the homeowner’s ability to improve their property.
Read MoreIf you live in a community with homeowner’s association or a condominium association, you might be required to pay regular assessments on a monthly, quarterly, or annual basis. You may also receive notice that you are required to pay a special assessment for a specific cost. Assessments are collected by the HOA to fund, operate and maintain “Common Areas” (as defined by your HOA’s governing documents) or other shared obligations of the HOA like legal fees, maintenance costs, or management fees.
Read MoreThe Tyler Allen Law Firm wishes each of you a very Happy Holidays this year. The weather is starting to cool down here and the valley. For many families, this is the perfect time to start putting up holiday decorations inside and outside their home. But if you live in a homeowner’s association or condominium association, there are some basic things to check before you set up your holiday decorations.
Read MoreIt’s important to read and understand the rules for the HOA that you live, your rights with regard to any violation notices, and the penalties for non-compliance. Sometimes action is needed within a specific time frame, and the Association may argue that it’s entitled to seek attorney’s fees against you for noncompliance.
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