Articles and Publications
Articles and other published works authored by members of Goldschmidt|Shupe
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Buyer Be Wary
The typical home buyer is very focused on the details of the particular home, townhome or condominium he or she is buying. Since most prospective homes are in a common interest…
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New Arizona Legislation Affecting HOAs
The 2014 Arizona Legislative Session (51st Legislature, First Regular Session) adjourned and left us with seven bills pertaining to planned communities and condominiums that were signed into law by the…
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Communicating with Your Insurance Carrier When a Claim Arises
A couple of months ago I offered some tips and techniques to anticipate, defuse, and resolve common complaints and disputes that may arise in your community, before frustration turns to…
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Mandatory Membership: Lessons from Shamrock v. Wagon Wheel 10 years later
Homeowners associations are non-profit corporations dependent on homeowner volunteers who often dedicate substantial time and energy to the task of ensuring that their communities operate smoothly and beneficially for their…
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How Arizona Courts Decide HOA Enforcement Issues
Enforcement of restrictions in CC&Rs and other community rules and regulations can be a troublesome issue with which Association Boards and their Managers must grapple. This article will look at three…
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Board Removal Elections
Board Removal Elections are controlled by the Arizona Condominium and Planned Communities Acts [A.R.S. §33-1813 & §33-1243]. For communities that are neither condominium nor planned community, the governing documents and/or Arizona…
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Funding for Maintenance Projects in HOAs
Many homeowners association boards find themselves in the difficult position of needing a large sum of money for maintenance projects that can no longer be deferred; such as roof replacement,…
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“I have a Complaint!”: Tips and techniques to defuse ticking time bombs in your communities
As any legal counsel for homeowners associations can tell you, many of the most expensive and complex legal disputes between homeowners and their associations begin with a only a minor…
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Sun-right?: Reasonable Restrictions on the Installation of Solar Energy Devices
Finding alternative forms of energy is an issue increasingly found on the front pages of newspapers across the country. In Arizona, solar energy is a growing industry, and with incentives…
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Enforcement Guidelines for HOAs
Johnson v. The Pointe Community Association is a 2003 Arizona Appeals Court case that addresses a homeowners association’s obligation to enforce restrictions in its governing documents, specifically in the “Restated…