Published in Attorney at Law Magazine
In the article, “What Arizona HOA Boards Need to Know as the Law Continues to Evolve,” in Attorney at Law Magazine, VF Law Partner Quinten Cupps discusses how the recent Arizona Supreme Court and Arizona Court of Appeals decisions are prompting homeowners’ association (HOA) board members to get legal guidance to uphold association rights with these substantive changes to established statutes. He gives insights on how HOAs can address foreclosures, delinquent assessments, and political signs on yards and properties.
Cupps emphasizes that, “…board members must continue to work with their legal counsel to stay apprised of future changes in the law and understand the impact those changes have on associations throughout the state. [These] important changes in the laws governing community associations and what board members need to know … [were] signed by the governor in 2025 will not be effective until September 26, 2025.”
For HOA and community associations, Cupps also provides an overview of the revised laws concerning association meeting agendas and recordings, as well as updates to covenants, conditions, and restrictions (CC&Rs) amendments. Cupps explains the key takeaways from recent cases that have informed the statutory changes, from Kalway v. Calabria Ranch HOA to Thompson Thrift Development Inc. v. Albertson, Gross v. Shores at Rainbow Lake Community Association, Cao v. PFP Dorsey Investments, LLC, and Preston v. Las Sendas Community Association.
“It is evident from cases that have followed Kalway that the full extent of its application to community associations remains to be seen,” Cupps writes. “What is known is that if a board of directors wants to amend the association’s CC&Rs, a careful analysis of the proposed changes must be conducted to try and determine whether the Kalway decision will require the association to acquire the approval of 100% of the association members.
In the coming years, more decisions will be made involving Kalway that will likely impact community associations and their operations.”
Read the story in full, click here.