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.
Read MoreBring 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.
Read MoreWhose 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 MoreChanges in the Law Affecting HOA Collections in Chapter 13 Cases
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 MoreJavier 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…)
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