Some days, operating a community association can feel a little bit like a dumpster fire. The pool is closed at the beginning of summer due to unexpected repairs, Ms. Smith has called for the umpteenth time complaining of her neighbor who chain smokes on the balcony and blares music all night long, Mr. Brown has […]
News
Articles, news, and legislative updates from the attorneys at CHDB Law.
How Could A Missouri Case Affect AZ HOAs? Judicial Foreclosure of Federal Liens
In the case of Show Me State Premium Homes, LLC v. George McDonnell, the United States District Court, E.D. Missouri, Eastern Division addressed the issue of whether a non-judicial tax sale in Missouri could extinguish federal liens held by the United States Department of Housing and Urban Development (HUD). The court concluded that such non-judicial […]
Addressing Safety Concerns in the Community: Keeping Common Areas Safe and Secure
Safety is a top priority for homeowners associations (HOAs), as a secure environment contributes to a higher quality of life and peace of mind for residents. Common areas—such as clubhouses, parks, playgrounds, and pools—are valuable amenities but can also be vulnerable to accidents, vandalism, or even crime. Arizona courts have gone so far as to […]
Community Association Meeting Agenda Requirements
As of September 14, 2024, Arizona’s community associations are now required to provide their members agendas for both board of directors meetings and membership meetings, in advance of the meetings. Arizona’s Legislature added this as a new requirement under House Bill 2662, which amends A.R.S. § 33-1804 for planned communities and A.R.S. § 33-1248 for […]
Buying in an HOA? Setting Homeowner Expectations
When buying a home, potential buyers often consider neighborhoods with homeowners associations (HOAs). Generally, HOAs are governing bodies that generally enforce rules, manage common areas, and work to maintain property values within a community. As a result, living in an HOA offers numerous benefits, but homeowners buying within the HOA should take care to understand […]
Managing the Popularity of Home Offices: Balancing Work-from-Home Policies with Community Guidelines
The rise of remote work has led to a growing number of homeowners transforming spaces in their residences into home offices. As the work-from-home trend continues to gain popularity, homeowners associations are adapting their policies to accommodate this shift while ensuring that the community’s quality of life remains unaffected. Balancing work-from-home needs with community guidelines […]
Setting your 2025 HOA Resolutions
Strategic Planning for HOA Communities: Developing a Vision and Long-Term Goals for Your Neighborhood As we enter 2025 and set our resolutions for growth, our homeowners association (HOA) clients should also reflect on their goals and aspirations for the new year. Effective HOAs serve as stewards of their communities, ensuring not only the upkeep of common […]
CTA Update – Federal Legislation Proposed to Exempt Community Associations
Bills are pending before both the House of Representatives and the Senate that, if passed, could impact whether community associations must comply with the Beneficial Owner Information Reporting (BOIR) requirement of the Corporate Transparency Act (CTA). House Bill H.R. 9046 – Community Association Reporting Exemption Act – seeks to amend Title 31 of the United […]
Enforcing a Nuisance: Smoking
A “nuisance” is generally defined as an activity that interferes with the use and enjoyment of someone’s property. In Arizona, smoking—whether cigarettes, cigars, or vaping—can fall under this definition if the activity impacts neighboring units, lots, or common areas. When smoke drifts from one property to another it is often alleged that the conduct could […]
CTA Lawsuit Update: Community Associations Must Still File Their Beneficial Owner Information Report by January 1, 2025
On October 24, 2024, the United States District Court for the Eastern District of Virginia issued its ruling on the preliminary injunction hearing held on October 11, 2024 in the lawsuit filed by Community Associations Institute (CAI), and a handful of community associations, against the United States Department of Treasury, Janet Yellen, in her official […]
How to Develop a Code of Conduct for Board Members: Ensuring Ethical and Professional Behavior
A homeowners association is responsible for managing and maintaining the community’s well-being, property values, and harmony. To fulfill these responsibilities effectively, the HOA board of directors must operate with professionalism, fairness, and integrity. Developing a code of conduct for board members may serve as a reminder of the obligations that come with being a member […]
Corporate Transparency Act Update: Lawsuit Filed Seeking To Exempt Community Associations
On September 10, 2024, the Community Associations Institute (CAI), an international not-for-profit research and education organization headquartered in Virginia, and in a representational capacity on behalf of volunteer community association board members, along with five community associations from various states, filed a complaint against the United States Department of Treasury, Janet Yellen, in her […]
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