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.Read More
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…)Read 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…)Read More
Jason Smith, a Partner in the Carpenter, Hazlewood, Delgado & Bolen Tucson office, won a significant full defense verdict for a community association this month. He successfully defended an association client against claims of property damage and loss of home value, among other damages. The plaintiff was seeking a total of $525,000 as a result of an association’s acts and omissions in the architectural review process on a neighboring property. The case was tried to a jury in Pima County July 31-August 2. Associate attorney Kaycee Scarr Wamsley was integral in the case and sat “second chair” in the trial.Read More
In a significant reversal of current case law, the 9th Circuit Court of Appeals recently ruled that post-petition HOA assessments are dischargeable in a chapter 13 bankruptcy case.
The opinion, in Goudelock v. Sixty-01 Ass’n of Apartment Owners, 895 F.3d 633 (9th Cir. 2018), was handed down July 10, 2018. The Court held that the obligation to pay assessments arises when a property is purchased, and the ongoing monthly assessments are simply a contingent or unmatured form of the debt. In so doing, the Court concluded that the debtor/owner’s obligation to pay future assessments is dischargeable under Chapter 13 of the Bankruptcy Code. The Court did note that a community association’s ability to obtain stay relief and foreclose remains unaffected. (more…)Read More
LAS VEGAS – September 1, 2018 – There’s a new player in the Las Vegas community association law game: McKelleb Carpenter Hazlewood (MCH), an affiliate of the regional law firm Carpenter, Hazlewood, Delgado & Bolen (CHDB). Michael McKelleb has been named Managing Attorney of MCH, which opened its doors on Sept. 1, 2018, in the Las Vegas metropolitan area. (more…)Read More
Javier Delgado Selected by College of Community Association Lawyers (CCAL) to Present at the 2019 Law Review
January 23-26, 2019, New Orleans, LA – The College of Community Association Lawyers recently selected it’s presenters for the 2019 Law Review to be held in New Orleans, LA in January. Javier Delgado, Shareholder of Carpenter, Hazlewood, Delgado & Bolen was selected to present on the topic of dealing with legal matters, ethics and social media. CCAL provides advanced professional educational programs to its fellow, identifies, and contributes to the solution of community association challenges. It is a collegial forum for the exchange and development of ideas by some of the most knowledgeable attorneys in community association law. (more…)Read More
DALLAS – August, 2018 – Kathleen Kilanowski has been named managing attorney of Cagle Carpenter Hazlewood (CCH) in Dallas. She’ll spearhead growth in the Dallas market with the strength and experience of 50 attorneys nationwide. Cagle Carpenter Hazlewood is one of 10 regional offices of Carpenter, Hazlewood, Delgado & Bolen, a community association-focused law firm serving Texas and the Southwest Region.
Ms. Kilanowski is one of a few Dallas attorneys with deep knowledge of mortgage, homeowners’ association, and condominium association foreclosures. She’s represented more than 100 banks, lenders, and mortgage services in a variety of legal matters and works with both plaintiffs and defendants in cases involving real estate and construction and business litigation. She is based in the firm’s Dallas office at 3333 Lee Parkway, Suite 600. (more…)Read More