Owners’ Association Law

Tiffany & Bosco provides outside general counsel services to mixed-use (residential and commercial) owners’ associations and homeowners’ associations related to governance and management issues. We also assist those same owners’ associations (and owners under the right circumstances) in non-routine and sometimes complex litigation matters.

What Does Owners’ Association Legal Representation Cover?

Our firm often addresses issues related to mixed-use developments, underground parking structures, luxury developments, and timeshare communities. We implement efficient, long-term solutions to issues between business and residential owners.

Our representation for owners’ associations is broad and includes the following:

• Defense of claims against owners’ associations and members of their board of directors
• Investigation and prosecution of breach of contract claims against vendors
• Investigation and prosecution of fraud, mismanagement and breach of duty claims against property managers, former members of the board of directors and vendors
• Interpretation and enforcement of CC&R or similar “deed restrictions”
• Interpretation and enforcement of Arizona’s ever-changing owners’ association laws
• Defense of administrative claims brought before the Arizona Department of Real Estate
• Training for members of the board of directors on their duties to the association

Owners’ Association vs. Homeowners’ Association

The key difference between an owners’ association and a homeowners’ association is the use of the property. An owners’ association may include purely commercial property, mixed-used communities, or timeshares. Communities like these blend multiple uses, such as:

• Commercial
• Residential
• Cultural
• Educational
• Industrial

As a result of these mixed uses, the issues affecting these communities extend beyond just residential matters. These conflicts can become complicated and burdensome without professional legal representation.

A homeowners’ association, on the other hand, applies to many other residential communities that are governed by a set of covenants, conditions and regulations (CC&R). Homeowners’ associations deal mostly with residential neighborhoods comprised of individual owners. Such communities are residential only. Claims against owners’ associations or homeowners’ associations may arise at any time, demanding immediate attention. When disputes arise with your properties or association, your Tiffany & Bosco owners’ association lawyer will spring into action to protect you with professional representation.

Browse our collection of real estate articles, or contact one of our team members below for more information about owners’ association legal representation