Representative Kevin Payne writes that Recreation Centers of Sun City’s compliance with the Arizona Planned Community Act would put Sun City’s 55-plus age restriction in jeopardy. This is simply not true. Nothing in the Planned Community Act jeopardizes Sun City’s age restrictions.

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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…

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.

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.

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.

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").