Articles and Publications
Articles and other published works authored by members of Goldschmidt|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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
Fair Housing Act and HOAs
Federal and State Fair Housing laws mandate equal access and opportunity in housing, and these laws apply to homeowners associations (HOAs). In general, the Americans with Disabilities Act (ADA) does not…