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Articles and Discussions Archive

Monday
May022011

2011 Legislative Update

The below bills will become effective on July 19, 2011.

  1. Recording Board and Members’ Meetings. HB 2245 amends the open meeting statutes for both condominiums (A.R.S. §33-1248) and planned communities (A.R.S. §33-1804).

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Friday
Feb112011

The Medical Marijuana Act

Arizona became the 15th state to legalize the use of medical marijuana in late 2010, after voters approved Prop 203 by a narrow margin. The new Medical Marijuana Actis codified at A.R.S. 28-2801 et seq. That Act has created a new set of questions and concerns for planned community associations. The medical marijuana issue is controversial. The rights of medical marijuana patients must be carefully balanced against the right of an association to maintain its property in a safe and welcoming manner.

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Sunday
Jul252010

2010 LEGISLATIVE UPDATE ARIZONA COMMUNITY ASSOCIATION LAW

Introduction

The 2010 legislative session concluded with three changes to the Arizona statutes directly governing community associations. House Bill 2768 (HB2768) and House Bill 2345 (HB2345) were passed and signed into law. HB2768 addresses transfer fee at sale provisions authorized by the Declaration. HB 2345 addresses “For Sale” and “For Rent” signs. The legislature also passed and expanded the Arizona Fair Housing Act in SB 1232 (SB1232). Laws passed this year are effective July 29, 2010.

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Wednesday
Oct212009

Limitations on Rules and Regulations in Homeowners Associations

Rules and regulations clarify and implement the governance policies in a community. Rules and regulations can:

  1. Clarifying vague or ambiguous provisions in the covenants, conditions, and restrictions (“CC&Rs”), Articles of Incorporation or Bylaws (collectively “Community Documents”); 
  2. Address rules of conduct in the community; and 
  3. Providing consistent enforcement policies 

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Friday
Jul312009

Email pitfalls for HOAS  

If you are an agent interested in leads in your HOA, you might be inclined to distribute your email address to the entire membership. The disclosure of your email address to an HOA can cause you problems.

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Friday
Jul312009

Legislature inhibits sales in HOAS 

You have a listing in an HOA. The seller's neighbors are not abiding by the CC&Rs. The neighbors moved here from Philadelphia to follow Curt Schilling. They spent their winters watching TV travelogues about sunny Phoenix.

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Friday
Jul312009

Pitfalls for agents on the boards of HOAS 

Agents often serve as directors on the Boards of the HOAs in which they reside. Service on the Boards serves the community in several ways. Agents bring real estate expertise to the Board. They bring financial expertise.

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