Attorney Curtis Ekmark of Ekmark & Ekmark in Scottsdale focuses his practice on association law. He is president of the Scottsdale Council of Homeowners Associations and vice president of West Valley Homeowner Associations. He writes articles which appear in the Arizona Republic.

7/8/06 - A law amending flag-displaying regulations was among those the Arizona Legislature passed that pertain to homeowner associations. It will become effective Sept. 21.

Senate Bill 1055 amends Arizona Revised Statutes 33-1261 (condominiums) and 33-1808 (planned communities), which regulate flags. Currently, association are prohibited from barring the outdoor display of the American flag as long as the flag is flown in conformance with the federal flag code. An association cannot prohibit flagpoles but can enact reasonable regulations regarding the location and size of a flagpole.

This new legislation will expand the law so that it also pertains to the following flags:

• U.S. Army
• U.S. Navy
• U.S. Air Force
• U.S. Marine Corps
• U.S. Coast Guard
• POW/MIA
• Arizona
• Arizona Indian Nation Flag

6/10/06 - One aspect of Senate Bill 1007, which Gov. Janet Napolitano signed, details the way condominiums and planned communities enforce the governing documents when there is a violation regarding the condition of an owner's property.

The first issue is whether the owner is violating a provision of the documents "regarding the condition" of an owner's property. If so, the association may not take any enforcement action, including the imposition of fines or fees, until after it completes a statutory process.

The statutory process begins with a requirement that the association send the owner written notice of the violation. The notice must include a description of the process the owner must follow to contest the notice. The owner then has 10 business days from the date of notice to send the association a written response. The response must be sent by certified mail and sent to the address set forth in the statutory forms that all associations are recording with the county recorder.

If the owner does not respond, then the association is free to move forward with enforcement. It is important to remember, however, that an association may not fine without first providing the written notice and opportunity to be heard, as required by statute. Thus, it is important to draft the initial notice carefully to comply with the fine statute and this new law.

If the owner does respond, the association has 10 business days from the date it receives the certified mail to provide the owner with a "written explanation regarding the notice" containing at least the following information:

• The provision of the document that has been violated.
• The date of the violation or the date the violation was observed.
• The first and last names of the person or persons who observed the violation.

5/27/06 - Senate Bill 1007, which the governor signed into law, will impact an owner's right to review records, among other things.

Associations no longer will be able to withhold books and records pertaining to contemplated litigation. Associations still may withhold books and records pertaining to pending litigation and still may retain books and records that contain privileged communications between an attorney and the association.

Also, associations will be able to withhold records of the association directly related to the personal, health or financial information about a member of the association, an employee of the association or an employee of a contractor for the association. This provision is not much different from the current law.

Third, the association shall not charge a member or any person designated by the member in writing for making the books and records available for review. Upon a request to examine or purchase copies of records, the association has 10 business days to comply. In the event the owner requests copies, the association may charge only 15 cents per page for the copies.