Articles and Publications

Articles and other published works authored by members of Goldschmidt|Shupe

  • “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…

    By : Michael S. Shupe

  • 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…

    By : Michael S. Shupe

  • 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…

    By : Carolyn B. Goldschmidt

  • Rude Awakening: Homeowners Assessment Obligation to HOA After Bankruptcy or Lender Foreclosure

    Homeowners who have gone through a bankruptcy or a lender’s foreclosure are often surprised to learn that they still owe unpaid assessments to their former homeowners association. HOA Assessments are…

    By : Carolyn B. Goldschmidt

  • Annual Meetings are What’s Happening!

    The Bylaws for homeowners associations as well as the Arizona Non-Profit Corporations Act (the “Act”) requires homeowners associations to have annual meetings of members. (Most, if not all, homeowners associations…

    By : Carolyn B. Goldschmidt

  • For Sale Signs in HOAs

    In September 2013, the Arizona Court of Appeals made a unanimous ruling  in Hawk v. PC Village Association, Inc. that provisions in Arizona’s Planned Communities Act [§33-1808] pertaining to “For…

    By : Carolyn B. Goldschmidt

  • Neighborhood Watch Programs in Homeowners Associations

    The recent jury verdict in the Trayvon Martin murder trial signified a conclusion to a tragic storyline that began in a Florida subdivision in February 2012. Since news of the fatal…

    By : Michael S. Shupe

  • HOA Operations During Summer Months

    The mass exodus from Tucson’s summer heat is in full swing. As a result, this is the time of year when homeowners association (HOA) boards have issues with absentee owners and…

    By : Carolyn B. Goldschmidt

  • Electronic Communications (Email) Among HOA Board Members

    There is no disputing that email is a convenient and easy means of communication. Many homeowners association board members email each other between meetings, to share information and to discuss Association…

    By : Carolyn B. Goldschmidt

  • Tree Disputes

    I hear the wind among the trees Playing the celestial symphonies; I see the branches downward bent, Like keys of some great instrument. ~Henry Wadsworth Longfellow Neighbor Disputes Unfortunately, trees…

    By : Carolyn B. Goldschmidt