Posts tagged HOA Law
Can Your Arizona HOA Ban Political Signs? Uncover the Law Behind Your Yard Rights

As election season approaches, political signs are popping up all around metro Phoenix. Street corners, front yards, and vacant lots are filled with messages trying to sway voters one way or another. But for those living in a homeowners association (HOA) or condominium owners association (COA), questions often arise about whether they can display political signs in their own yards—and what restrictions, if any, are in place.

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Much ADU About Something

As the popularity of Accessory Dwelling Units (ADUs) continues to rise, Arizona homeowners are increasingly exploring the potential of these versatile living spaces. Whether you see an ADU as a way to accommodate family members, generate rental income, or simply enhance the value of your property, it's essential to understand the local laws that impact your rights. Specifically, recent Arizona legislation supports homeowners' freedom to rent out their ADUs without interference from local government restrictions. However, Homeowner's Associations (HOAs) still retain significant power to impose their own restrictions. Our law firm is here to help you navigate these complexities and protect your interests.

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Are HOA Residents Entitled to Free Speech?

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.

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In Spite of Its Ban on Prohibitions on Artificial Grass, Homeowners Need to Be Wary of How HOAs Can Take Advantage of HB2131’s Nuances

On 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.

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Arizona Supreme Court Provides Homeowners a Legal Tool to Push Back on HOA Amendments Passed by Majority

Amendments 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.

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Defending a Collections or Foreclosure Lawsuit from your HOA

If 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.

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Melanie JorgensenHOA Law
HOA Owners-Consider these things before you put up holiday lights this year

The 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.

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