Homeowner's Association & Community Association

If you are being threatened with a lawsuit; facing an onslaught of baseless, unforeseeable, or selectively enforced HOA rules; or unable to secure board of directors’ approval for your desired home improvement, you need to protect your rights and contact Frazier Law PLLC’s HOA attorneys.  Unlike most HOA law firms in Arizona, which primarily represent HOAs and their boards of directors, Frazier Law PLLC represents homeowners throughout the state in the aforementioned and other HOA-related disputes.  While we stand ready to pursue litigation or arbitration against an HOA, as necessary, we often work with clients to settle disputes before they escalate to that level.

Recent Developments in HOA Law

There have been several notable Arizona court cases in recent years that bare significantly on HOA governance, including most notably Kalway v. Calabria Ranch HOA LLC et al., which calls into question whether HOAs are lawfully able to enact and enforce certain amendments to their covenants, conditions, and restrictions (“CC&Rs).  The Court’s opinion makes clear that CC&R amendments that impose “affirmative obligations” which create new restrictions on use must be (1) reasonable and (2) foreseeable to be enforceable.  Put simply, the ruling means HOAs cannot amend CC&Rs to create a new obligation without the original CC&R providing notice that owners may be subject to the new obligation.  Because the ruling is retroactive in nature, HOAs also cannot enforce already existing amendments that violate the Court’s standard.  The Court’s ruling is significant because HOA’s frequently enact amendments to their CC&Rs and thereafter enforce those amendments under a presumption of validity.

This holding raises many questions, including regarding the enforceability of growingly popular short-term rental prohibitions.  Accordingly, we recommend consulting with a knowledgeable attorney with respect to your CC&R related rights and obligations – whether you are a homeowner looking to challenge a CC&R amendment or an HOA board considering the adoption or enforcement of an amendment.