Does your community association allow the consumption of alcohol on its premises as part of a Bring Your Own Bottle (“BYOB”) policy? If so, then we have some important and exciting news for you!
As you may know, the Arizona liquor laws (at Title 4 of the Arizona Revised Statutes) are not written with community associations in mind. A.R.S. 4-244.05 is the relevant statute to follow when it comes to unlicensed establishments (i.e. businesses without a liquor license) allowing consumption of liquor on its premises. This statute prohibits an unlicensed business from allowing consumption on its premises if food or beverages are sold, entertainment is provided, a membership/cover charge is imposed, or a rental requirement/minimum purchase is charged. Based on the lack of clarity in the statute and the past enforcement of the statute, there has always been some risk in allowing BYOB events on community association premises. While there is always risk in allowing the consumption of liquor on any premises, the risks relating to compliance with A.R.S. 4-244.05 may have just significantly decreased based on recent guidance issued by the Department of Liquor Licenses and Control (“Department”), which is the department that enforces Title 4 of the Arizona Revised Statutes on behalf of the State of Arizona. (more…)Read More
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 More
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.Read More
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.Read More
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.”Read More
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