Association Liability
Without a doubt, the most common question I am asked as an attorney by my homeowners’ association clients is “What can we do to protect ourselves from getting sued?” My answer is always the same: “Nothing!” In this era of quick-trigger and frequent litigation, there truly is nothing that an association can do to stop itself from being sued. However, it is important to understand that the...
Where is the Civility?
Recently I dealt with an issue in a condominium association where the tenant of a unit owner was out of control. The boorish and, in some cases, criminal behavior of this tenant made life miserable for many of the residents of an otherwise quiet condominium community. Despite the HOA board’s attempts to have the unit owner intervene and resolve the situation, nothing was done until the...
Responding to HOA Records Requests- AZ
HOAs and community managers receive requests for records and information almost daily. In this day where an HOA’s management team has limited resources, especially time, records and information requests need to be treated appropriately and efficiently. What is an Arizona HOA’s responsibility to respond to requests for records and information from its homeowners?
HOA document requests are...
Avoiding Law Suits in Arizona
No human interaction is without conflict. As soon as my kids were born, they started demanding things. Now, while we are no experts on raising children, my wife and I are able to address these conflicts before our children sue. In a similar way, conflicts arise and affect HOAs and condominiums, but boards and managers can address these conflicts in a way that prevents expensive lawsuits. In...
Tips For Having a Better Annual Meeting- Oregon
Oregon law requires that incorporated homeowners associations hold at least one membership meeting per year—what is commonly called the annual meeting. ORS 64.201 (1). While associations may hold multiple owner meetings throughout the year, the annual meeting provides association members the opportunity to hear a recap of their association’s activities from the past year, and gives owners a...
Parliamentary Procedure: Amending a Main Motion
Most community associations use Robert’s Rules of Order (“RRO”) to govern both board and owner meetings. RRO is an effective tool which allows the chairperson to keep control of the meeting and at the same time ensure that members of the assembly are afforded the right to make motions, speak, and meaningfully participate in the meeting.
While the basics of RRO are simple (Motion, Second,...
FHA Extends Temporary Condo Project Approval Guide
On August 29, 2014 the Federal Housing Administration (FHA) announced the extension of its current condominium project approval guidelines for an additional two years. Several of the key project approval guidelines were modified in 2012 to make it easier for many condominiums to obtain FHA approval. Those modified guidelines were originally set to expire on August 31, 2014, unless extended....
How to Avoid Trouble at Your Door: Implementing a Maintenance Plan
Regular maintenance of common areas is one of the core responsibilities of a Homeowner Association or Condominium Development. An Association will always need maintenance. In order to maximize the preservation of property values, every Association should be proactive in identifying and addressing components of the common property which need regular maintenance. Failure to do so will inevitably...
Bankruptcy May Not Kill Collections
Lawyers love their legal maxims. One of my personal favorites is incendium aere alieno non exuit debitorem. It means a fire does not release a debtor from his debt.
Many people think that a homeowners association’s assessments are completely wiped out when one of its homeowners files for bankruptcy. That is not true. Bankruptcy may not kill collections!
The bankruptcy laws and attorney...
AZ Senate Bill 1278
In April 2013, Governor Brewer signed Senate Bill 1278-Parking on Public Streets, which is a law forbidding HOA’s that are formed after January 1, 2014 from regulating the public streets within a neighborhood. This gives some closure to a years-long battle driven by complaints to Arizona lawmakers from frustrated homeowner. When a subdivision is formed, the developers write a set of rules for...