Author: Carpenter Hazlewood

International Women’s Day 2019 #BalanceforBetter

At Carpenter, Hazlewood, Delgado & Bolen, LLP we practice #balanceforbetter every day. Our firm is proud to have women excelling at every level. Our roots are in Arizona, the home state of Sandra Day O’Conner, so nothing less would be acceptable.

The Foundation for Community Association Research (“FCAR”) released a study in 2017 that found more than 60% of professional community association managers are women. More than half of all CEOS and management company executives are also women. When an industry does not have an inherent gender bias, women have limitless opportunities. When a law firm does not have an inherent gender bias, the glass ceiling melts away. Together, our law firm and our industry continue to lead by example in providing equal opportunity for all.

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Fredric Bellamy Joins Carpenter, Hazlewood, Delgado & Bolen

Carpenter, Hazlewood, Delgado & Bolen (CHDB) are pleased to announce that data security and privacy attorney Fredric D. Bellamy has joined the Firm as its newest Partner. Based in Tempe, Arizona, Bellamy counsels business and municipalities across all 50 states in the areas of cybersecurity, data privacy and technology law. Named by U.S. News & World Report’s “Best Lawyers in America” as the “2018 Lawyer of the Year” in Technology Law in Phoenix, Bellamy brings his wealth of experience and dedication to CHDB.

“Fred’s vast experience in cybersecurity and technology law brings a unique opportunity to our existing community association, insurance carrier and general business clients,” explains Scott Carpenter, CHDB’s Managing Partner. “As more and more of our clients allow accessibility to their data over the internet,” Carpenter continues, “Fred’s experience advising clients on preventing and responding to data breaches brings a level of expertise we are confident our clients will appreciate.”

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Bring on the Camels, Dragons, and Prayer Flags!

On December 20, 2001, the Secretary of the Department of Housing and Urban Development (“HUD”) issued a statement regarding religious expression in public housing. HUD was concerned public housing authorities might misconstrue HUD policy to discriminate against people celebrating faith-based events. In the words of HUD Secretary Mel Martinez: “Now more than ever, it is important to support the celebration of diverse traditions and the joy of fellowship that comes with the holiday season.”

HUD’s policy is that public housing providers should allow both religious and non-religious symbols in the common area as a celebration of American diversity. HUD also cautioned that public housing providers must provide the same common area display opportunities to all religious faiths. Keep in mind the public housing authorities are regulated by the First Amendment, which prohibits restrictions on the free expression of religion.

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Community Associations & Alcohol

The holiday season is upon us and with the holiday season come holiday parties that often involve the consumption of “tasty” beverages. Eggnog, pumpkin everything, and, well, alcohol! The question often arises as to whether or not a community association should permit residents to consume alcohol on association premises and if so, what risks are associated with doing so.

The first thing that you need to know about associations and alcohol is that the liquor laws in Arizona were not written with association’s in mind. As a result, there is often a fair amount of “gray area” in this area of the law. This article will help explain some of the common situations that an association may encounter and how to best handle them. (more…)

Whose Holiday is it Anyway? Can a Community Association Regulate an Owner’s Display of Religious Holiday Decorations?

While community associations can regulate an owner’s display of religious holiday decorations, they must act carefully to avoid claims of religious discrimination. One Idaho community association recently learned this lesson the hard way.

In Morris v. West Hayden Estates First Addition Homeowners Association, Inc., a husband and wife (the “Owners”) purchased a home within the West Hayden HOA (the “Association”). The Owners intended to host a large-scale holiday light display – a “Christmas Program” on their front yard.

By 2016 the Christmas Program included ten miles of Christmas lighting (for a total of 20,000 lights), a live nativity scene featuring a live camel and goat, 27 professional costume biblical characters, and singing carolers, experiencing over 10,000 visitors. Tensions between the Owners and the Association came to a head when the Association complained that the religious nature of the display was offensive to some residents. (more…)