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