SB 1531: Bad for HOAs. But REALLY Bad for Homeowners
The Arizona Senate has introduced legislation, SB 1531 (senate bill 1531), that will have the dual effect of harming both homeowners associations and homeowners. We urge everyone to contact your senators and representatives and urge them to vote NO on this SB 1531. Here’s why…
Are Short-Term Rental Restrictions Valid?
Short-term HOA rental restrictions are currently a hot topic.
Notwithstanding changes in tax laws providing significant benefits of short-term rentals of second homes, more and more HOAs and condominium associations are attempting to amend their CC&Rs to add short-term rental restrictions. We believe most of these amendments are invalid under Arizona law.
DLG Prevails in Jury Trial in Challenge to Short-Term Rental Ban
Dessaules Law Group attorneys recently prevailed in a jury trial in a lawsuit brought against an HOA challenging the validity of a short-term rental ban. The HOA's Board of Directors obtained the approval of more than 75% of the owners to adopt the ban on rentals of less than six (6) months and recorded the proposed amendment. Five property owners voted against the ban.
Post-Judgment Collection of Unawarded Attorneys’ Fees Violates the Fair Debt Collection Practices Act
Arizona Judgment Collection
The United States District Court for the District of Arizona has ruled in a case brought under the Fair Debt Collection Practices Act (“FDCPA”) that a law firm that submits a demand for payment of unawarded post-judgment attorneys’ fees in a judgment-debtor’s refinance violates the FDCPA.
Ninth Circuit Concludes HOA Attorneys’ Post-Judgment Debt Collection Practices Were Misleading
The Ninth Circuit Court of Appeals in McNair v. Maxwell & Morgan, P.C., recently held that a law firm that files a judicial foreclosure action to collect unpaid homeowner association assessments is acting as a "debt collector" and engaging in "debt collection" activities subject to the Fair Debt Collection Practices Act ("FDCPA").
Court of Appeals Clarifies When and How HOAs Can Collect Fees
The Arizona Court of Appeals, in a recently-published decision, clarified the circumstances under which an HOA was allowed to collect attorneys' fees from a homeowner. In Bocchino v. Fountain Shadows Homeowners Association, the Court of Appeals held that an HOA was not entitled to collect attorneys' fees that it purportedly incurred in obtaining an Injunction Against Harassment against a homeowner when it did not seek an award of attorney fees from the court and no fees were awarded by the court. Dessaules Law Group represented the successful homeowner.
Nevada Jury Awards $20 Million Against HOA for Failing to Maintain Swingset
The failure to maintain and repair can cost an HOA. In this case, the failure to repair a known faulty swing set will cost an HOA $20,000,000.00.