Architectural Guidelines (AZ & NM)
Many associations have provisions in their governing documents that give the association architectural control over any construction, alterations, or additions to the individual lots. Furthermore, if the association has the power of architectural control, it also usually has the power to adopt architectural guidelines. If an association has that type of power, it should keep the following issues in […]
Antennas and Satellite Dishes (AZ & NM)
Several years ago, the federal government passed laws that allow the Federal Communications Commission (“FCC”) to enact rules that override provisions in associations’ governing documents that prohibit or limit the use of antennas and satellite dishes within their communities. The following are some common questions regarding what an association can and cannot do in relation to governance of antennas and […]
Annual Meetings (AZ & NM)
All nonprofit corporations are required to hold an annual meeting each year. As an association is preparing for its annual meeting, it should make surethat it knows the answers to all of the following questions: The answers to these questions will vary, depending on the association’s governing documents. However, the answers should be available, through a […]
Age Restricted Communities (AZ & NM)
For an association to be able to prohibit children from living within its community, it must follow the rules and guidelines established by the Department of Housing and Urban Development (“HUD”). The following is a summary of those guidelines: 1. At least 80% of the units must be occupied by at least one person 55 years of age or […]
Laws Governing HOAs in Arizona (AZ)
Boards often think it’s difficult enough to try to follow the governing documents when fulfilling their duties to their association. However, that is only the starting point. Boards need to be aware that there are a variety of laws that can affect how the association should carry out its responsibilities. Those laws include, but are […]
Board Meeting Minutes
At a minimum, the meeting minutes should contain the following elements: Note: Meeting minutes are the association’s only official record of its board, committee or membership decisions and actions. Meeting minutes reflect board decisions, not what members say. Meeting minutes should be brief (one page if possible). The meeting minutes are not official until the […]
Whether to Record Board Resolutions (AZ & NM)
A question often arises about whether and/or when board resolutions should be recorded. Here is the analysis that I go through when deciding whether to record a board resolution: