“Don’t Tread on Me”? Try “Don’t Bite Me, Please!”
Is there anyone out there who loves rattlesnakes enough to share a house with them? It certainly isn’t the King family! The Kings have caught a whopping 29 rattlesnakes in the one year that they have lived in the home that they purchased for the not insubstantial sum of $700,000.00. Let that sink in: 29. Rattlesnakes. In a single year.
HOA President Accused of Embezzlement.
This is why owners need to pay attention, ask questions, and inspect records in an HOA… here’s an article that breaks it down…
New Short-Term Rental Law to Take Effect in August
New Arizona HOA Short-Term Rental Law
A new law impacting owners of short-term rentals will take effect in August. If you own property that you offer for short-term rentals or are considering getting into the short-term rental business, you need to make sure you are in compliance.
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").