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 More
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 More
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If you are continuing to do business with Carpenter, Hazlewood, Delgado & Bolen, LLP, please use the email addresses with domain name carpenterhazlewood.com.
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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
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
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
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
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