AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.

HOA Case Laws and Decisions

Significant National HOA Case Law

US Supreme Court Decisions

Arizona Supreme Court Decisions

  • Powell v Washburn

    • Invokes the provision of the Restatement that stipulates that the provisions of the Declaration should be read with the intent of the entire document.
  • Duffy v Sunburst Farms East

    • When the language in the covenant is clear no further review of surrounding circumstances is required. This case allowed a majority of land owners to revise the declaration without compliance with the membership requirement of the bylaws. The association had no authority to provide voting requirement in the bylaws that contradicted the clear language of the declaration.
  • Larson V. Farley

    • Specific statutes have precedent over general statutes if they conflict. Similar statutes should be construed together even if they do not reference each other. This is the prime argument why the definition of meeting in the public body open meeting laws also applies to the open meeting laws for Common interest communities, as presented in AG opinion I97-012 above. This is specifically why the use of e-mails by a quorum board members in common interest communities is a violation of the open meeting laws. See HB 2065 from 2018. This case also explains why when the Planned community statutes were enacted there was no need to repeat all the relevant provision of the Condominium act that was implemented in 1982. All relevant provision of the Condominium act apply equally to Planned Communities.
  • Kalway v Calabria Ranch HOA  

    • Follows up on Dreamland Villas to establish that amendments to the declaration must require unanimous consent if the notice of that change was not reasonably foreseeable in the original declaration. Supported by Supreme court decisions from Nebraska and North Caroline in Boyles v Hausmann and ARMSTRONG v LEDGES HOMEOWNERS ASS’N

Arizona Appellate Court Decisions

Arizona Appellate Court Web sites

Arizona Supreme Court Web site