Arizona hoa case law. 2d 819 Juno By the Sea North Condominium v Manfredonia Moretto v Elk Point Country Club HOA Invokes the Restatement sections 6. 9 relative to the ability of the association to create and enforce rules and design standards. This decision severely restricts homeowners associations’ rights to amend their governing documents. Most Common Issues that Lead to HOA Litigation in Arizona HOA litigation might not be as common as other types of business litigation, but claims against a homeowners association or planned community can be expensive and prolonged. . Cupps explains the key takeaways from recent cases that have informed the statutory changes, from Kalway v. Sep 11, 2025 ยท With approximately 2,249,000 Arizonans living in 892,800 homes in more than 10,100 community associations, as reported by the Community Associations Institute, community associations and their governing documents are top of mind. They can become a central focus for the board of directors and divisive for the community. The Supreme Court held that a homeowners' association (HOA) may not rely on a general amendment power provision in its covenants, conditions, and restrictions (CC&Rs) to place restrictions on landowners' use of their land only as to those restrictions for which the HOA's original declaration has provided sufficient notice. Some recent decisions in both the Arizona Supreme Court and the Arizona Court of Appeals are forcing homeowners’ association (HOA) board members to look beyond the For HOA and community associations, Cupps also provides an overview of the revised laws concerning association meeting agendas and recordings, as well as updates to covenants, conditions, and restrictions (CC&Rs) amendments. SPRINGLAKE II HOMEOWNERS ASS’N, INC. HOA Case Laws and Decisions Significant National HOA Case Law Roth v. 7 and 6. Calabria Ranch HOA, case CV020-0152-PR. On March 22, 2022, the Arizona Supreme Court issued the decision of Kalway v. , 533 So. Arizona: Key HOA Law Changes Effective in 2026 Based on recent Arizona legislation, particularly from the 2025 legislative session, there are no entirely new HOA laws scheduled to take effect precisely on January 1, 2026. jon qqo kmg qtct xcmgis eco fxxn ilherbl tjulnyqu ehfc