CTA, BOI, FinCEN Oh My!
By: Allison Preston, Esq.
The Corporate Transparency Act (CTA) is alive and kicking and requiring all community associations that are registered as entities with Arizona’s Corporation Commission (likely as a nonprofit corporation) to report their Beneficial Ownership Information (BOI) with the United States Department of the Treasury Financial Crimes Enforcement Network (FinCEN). All community associations in existence prior to January 1, 2024 must report their BOI by January 1, 2025.
Read MoreProtecting Views: What are a Community Association’s Rights and Obligations when a Landowner Asserts View Obstruction?
By: Allison Preston, Esq.
The generally-recognized rule in Arizona is that “obstruction of a landowner’s view does not constitute a private nuisance absent a statute or an easement to the contrary.” See Van Baalen v. Jones, 2014 WL 3881985, *3, ¶ 13 (Ariz. App. July 31, 2014). Put another way, a landowner does not generally have a right to a scenic or unobstructed view from his or her property unless there is a statute or easement granting such right. To determine whether a particular landowner has such a right, we can look to any deed restrictions or easements recorded against the landowner and any neighboring landowner’s properties, as well as any community association’s property.
Read MoreSo the Special Assessment Failed – Is Judicial Relief an Option?
By: Jonathan Ebertshauser, Esq.
A special assessment is an assessment that is not contemplated in an association’s budget and is collected in addition to the regular assessments. With aging infrastructure throughout our communities, associations are turning to special assessments as an option to pay for their unexpected repairs and replacements. However, there are no statutory procedures in Arizona governing the process for imposing a special assessment. Instead, the association’s governing documents will control the right to impose a special assessment and the process to approve the special assessment.
Read MoreNotice of New City of Scottsdale Ordinance Affecting HOA’s Located in Scottsdale
Planned communities located in the City of Scottsdale should be aware that on September 20, 2022, the City of Scottsdale adopted Ordinance No. 4567 that adds new Section 49-260 “Prohibition of Mandatory Turf Conditions by Owner’s Associations” to the Scottsdale Revised Code that addresses turf over-seeding and related issues.
Read MoreDon’t Buy the Line on Prop 209 – Five Reasons to Vote “No”
Proposition 209 the “Predatory Debt Collection Protection Act” (Arizona Petition I-05-2022) is a statewide ballot initiative that if passed will virtually eliminate an HOA’s ability to garnish an HOA member’s wages or bank account (one of the primary methods by which unpaid assessments are recovered).
Read MoreCC&R Amendment Update from the Arizona Supreme Court
With COVID-19 in the rear view mirror and communities returning to “normal” operations, the Arizona Supreme Court has presented community associations a new challenge, this one with respect to CC&R amendments. Based on this recent case law, CC&R amendments must be reasonable and foreseeable in order to be enforceable. In other words, community associations can no longer amend CC&Rs to create new obligations where the original CC&Rs did not provide owners notice that they may be subject to the new obligations.
Read MoreCarpenter, Hazlewood, Delgado & Bolen Announces Seven Partner Promotions
Carpenter, Hazlewood, Delgado & Bolen (CHDB) are pleased to announce the promotion of seven of our Associates to Partner. Each has demonstrated commitment to delivering great service to our clients through their deep expertise and collaborative teamwork with colleagues throughout the Firm. We are delighted to see this new class of Partners move ahead in their careers.
“Carpenter Hazlewood strives to obtain and retain the best attorneys in the State of Arizona. Partnerships at the Firm are earned by attorneys that provide exemplary service to our clients, that are honorable stewards of the law, and that are overall great individuals both personally and professionally,” said Josh Bolen, Shareholder and Co-Managing Partner. “We congratulate each of them on this well-deserved promotion.” (more…)
Read MoreEmail Changes for cchlaw.com
Please note that we will soon discontinue using all email addresses with domain name cchlaw.com. If you moved your business to Cagle Pugh, LLLP, please contact them directly.
If you are continuing to do business with Carpenter, Hazlewood, Delgado & Bolen, LLP, please use the email addresses with domain name carpenterhazlewood.com.
For example:
Jenni Cassidy ([email protected])
Marisa Roper ([email protected])
Lorisa Stallings ([email protected])
Read MoreJoshua Bolen Named Co-Managing Partner of Carpenter, Hazlewood, Delgado & Bolen
Carpenter, Hazlewood, Delgado & Bolen (CHDB) are pleased to announce that Joshua Bolen has been named Co-Managing Partner for the Firm. Josh joins Co-Managing Partner Scott Carpenter in guiding the overall direction of the Firm. Working closely with the other firm leaders, the co-managing partners have the responsibility of implementing the firm’s strategic plan, ensuring efficient and responsive client service, overseeing growth, and attracting and retaining the best talent to serve clients’ needs.
Based in Tempe, Arizona, Josh started his legal career 14 years ago as a summer associate for the Firm. He received his J.D. from Southwestern School of Law and also holds an Accountancy Degree from the W.P. Carey School of Business at Arizona State University. He has successfully tried numerous jury and bench trials in Arizona on both the state and federal level. He has also practiced in the Arizona Court of Appeals, The United States District Court of Arizona and The United States Court of Appeals for the Tenth Circuit.
Read MoreOnline Status Report Client Portal is Now Active!
Carpenter, Hazlewood, Delgado & Bolen is pleased to announce that our online status report Client Portal for community managers and board members is now active.
Enhanced features include a collection stage graph that categorizes accounts based upon the collection stage that they are in.
Three report styles make it easier for you to filter the information that you need. The Board Decision Report shows you only accounts that require an immediate board decision. The Snapshot Report serves as a quick account summary. The Historical Report shows a chronological detailed view of your accounts.
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