HOA Law Jonathan Dessaules HOA Law Jonathan Dessaules

Arizona HOAs Now Have a Statutory Duty to Act Reasonably

For nearly twenty years, Arizona homeowners challenging an HOA's discretionary decisions had to rely on a common law duty found in a single court of appeals opinion.

As of September 12, 2026, that duty is a statute. House Bill 4011, signed by Governor Hobbs on June 5, 2026, adds A.R.S. § 33-1821 to the Planned Communities Act and a parallel provision to the Condominium Act at A.R.S. § 33-1242(E). The association "has a duty to act reasonably in the exercise of its discretionary powers."

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Litigation & Appeals, HOA Law Jonathan Dessaules Litigation & Appeals, HOA Law Jonathan Dessaules

How to Fight HOA Fines—and Win!

HOA fines can feel sudden, unfair, and overwhelming—but you don't have to face them alone. From missed approvals to garden décor, anything can trigger a violation. The good news? Arizona law gives homeowners clear rights; many HOA fines don't hold up. Knowing how (and when) to fight back can make all the difference whether you've been cited or threatened with legal action. Here's what you need to know—and why having an experienced HOA attorney on your side is a smart first move.

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HOA Law Jonathan Dessaules HOA Law Jonathan Dessaules

Code of Conduct or Control Tactic?

HOA Codes of Conduct are popping up everywhere—often filled with language about professionalism, respect, and doing what’s “best for the community.” But are they legally enforceable? And who gets to decide what those vague standards really mean? The answers might surprise you.

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Real Estate Law Jonathan Dessaules Real Estate Law Jonathan Dessaules

What is SPDS? (Seller Property Disclosure Statement)

If you're buying or selling a home in Arizona, the Seller Property Disclosure Statement—commonly known as the SPDS—is one document you don't want to overlook. It lets sellers disclose key details about a property's condition and helps buyers make informed decisions. While not legally required, the SPDS plays a vital role in avoiding surprises, reducing liability, and keeping transactions on track. Whether preparing to fill one out or reviewing one as a buyer, understanding what this document covers and why it matters can help you avoid costly issues later.

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Jonathan Dessaules Jonathan Dessaules

HOA President Accused of Embezzlement: A Cautionary Tale for Homeowners

HOA President on Trial—Could This Happen in Your Neighborhood?

A trusted board member. Over $21,000 gone. A community blindsided.

When a Johnson County HOA president was accused of writing himself dozens of checks, homeowners were left wondering—how did no one notice sooner?

The warning signs were there. Are they showing up in your HOA, too?

👉 Read the full story and learn how to protect your community.

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Jonathan Dessaules Jonathan Dessaules

What’s the Worst Thing You Can Do if You’re Sued?

You’ve Just Been Sued. What Now?

Before you decide what to do, here’s one thing you absolutely shouldn’t do—
and it’s more common (and costly) than you think.

👉 Keep reading to protect yourself from a mistake that could cost you thousands

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