Can Your Arizona HOA Ban Political Signs? Uncover the Law Behind Your Yard Rights

As election season approaches, political signs are popping up all around metro Phoenix. Street corners, front yards, and vacant lots are filled with messages trying to sway voters one way or another. But for those living in a homeowners association (HOA) or condominium owners association (COA), questions often arise about whether they can display political signs in their own yards—and what restrictions, if any, are in place.

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Pregnant Workers Fairness Act: What You Need to Know About Your Rights

2024 is a transformative year for pregnant workers, thanks to the implementation of the Pregnant Workers Fairness Act (PWFA). This new law, effective June 18, 2024, expands the protections and accommodations available to pregnant employees, ensuring their rights to fair treatment in the workplace. Whether you're currently pregnant, recovering from childbirth, or dealing with related medical conditions, the PWFA is here to support you by requiring your employer to provide reasonable accommodations, so you can work in a healthy and safe environment.

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Much ADU About Something

As the popularity of Accessory Dwelling Units (ADUs) continues to rise, Arizona homeowners are increasingly exploring the potential of these versatile living spaces. Whether you see an ADU as a way to accommodate family members, generate rental income, or simply enhance the value of your property, it's essential to understand the local laws that impact your rights. Specifically, recent Arizona legislation supports homeowners' freedom to rent out their ADUs without interference from local government restrictions. However, Homeowner's Associations (HOAs) still retain significant power to impose their own restrictions. Our law firm is here to help you navigate these complexities and protect your interests.

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Health Care Decision-Making in Arizona: Legal Frameworks and Procedures

In the context of health care decision-making in Arizona, especially for individuals who are incapacitated, the state utilizes a legal structure that includes health care powers of attorney and surrogate decision-making laws. Although Arizona has not fully implemented the Uniform Health Care Decisions Act (UHCDA), its legal provisions aim to fulfill a similar objective: to ensure that the health care preferences of individuals are honored and implemented in situations where they are unable to communicate their wishes directly.

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Navigating the New Terrain: Understanding the DOL's Final Rule on Independent Contractor Classification

In a significant development for labor law and worker classification in the United States, the Department of Labor (DOL) announced a final rule on Tuesday that revises the interpretation of the Fair Labor Standards Act's (FLSA) classification provision. This rule aims to provide clearer criteria for determining whether a worker may be considered an independent contractor.

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Corporate Transparency Act

The Corporate Transparency Act (CTA), a landmark regulation in the United States, has ushered in a new era of corporate responsibility and transparency. This act requires businesses to disclose their beneficial owners, aiming to prevent and combat money laundering, terrorist financing, and other illicit activities. As business owners and entrepreneurs, it's crucial to understand the implications of this act and adhere to its requirements.

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Revival of Teacher's Religious Discrimination Case

On July 31, 2023, a groundbreaking decision was made by the Seventh Circuit Court of Appeals, breathing new life into a Christian teacher's religious discrimination lawsuit. At its core, the case revolves around the refusal of the teacher to address transgender students by their chosen names and pronouns. It encapsulates the complexities surrounding the balance of religious freedoms and protections against LGBTQ+ discrimination in the constantly evolving legal framework.

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A Landmark Victory: Stacey Arnold Yerkes vs. Ohio State Highway Patrol – A Detailed Examination

In the landscape of workplace equality, the recent case of Stacey Arnold Yerkes against the Ohio State Highway Patrol (OSHP) stands as a beacon of justice and empowerment. Yerkes, a gay female, served the Patrol diligently from 1994 to 2018, climbing the ranks to the position of a Criminal Interdiction Training Sergeant. Her story is not just a tale of success but a testament to courage in the face of discrimination.

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Top Ten Considerations for Short Term Rental Owners

Operating a short term rental property can be an intimidating venture. Owners of rental homes are expected to comply with pertinent laws and property restrictions, or hire someone that can help them comply with their obligations.  Avoid unnecessary legal risk and focus on maximizing their property’s potential by accounting for these top ten considerations from the outset.

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Non-Compete Agreements

Non-compete agreements are facing increased scrutiny, with the National Labor Relations Board (NLRB) joining the fray. This Memo follows the Federal Trade Commission’s (FTC) recent proposal to ban most non-compete restrictions, providing very limited exceptions. In a recent memo, the NLRB's General Counsel Jennifer Abruzzo stated that non-competes in employment and severance agreements generally violate the National Labor Relations Act (NLRA). This development raises concerns for employers, but it's essential to understand the memo's limitations and potential challenges the NLRB may encounter.

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Avoiding Probate

Probate is a legal process that takes place after someone passes away. It involves the informal or formal transfer of a deceased person’s assets to their heirs or beneficiaries through a court. Here in Arizona, this process is governed by the Arizona Probate Code. The probate process can be lengthy and costly.

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Designating a Guardian for your Minor Children

What happens if you and/or your partner pass away while your children are still minors? A last will and testament or living trust ensures a seamless transition for the care of your minor children. If you die without a will or living trust formally appointing a guardian for your children (intestate), the court may appoint a guardian for your child. Priority is generally given to family members. The process can be contentious if multiple relatives disagree about the best interests of the child or children.

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President Approves Congress' Amendment to the Federal Arbitration Act Ending Forced Arbitration of Sexual Assault and Harrassment

On March 3, 2022, President Biden signed H.R. 4445 into law. Named as the “Ending Force Arbitration of Sexual Assault and Sexual Harassment Act,” it changes the Federal Arbitration Act by removing the mandatory arbitration requirement for Sexual Assault and Harassment victims and giving the victims the discretion to settle their grievances through arbitration or litigate them in court. Furthermore, it makes an arbitration agreement unenforceable or voidable even when the agreement has been made before the act’s passage.

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What is a Beneficiary Deed?

In Arizona, a beneficiary deed allows property to be transferred to someone else automatically when the current owner dies. Some homeowners use a beneficiary deed to bypass probate. The homeowner keeps control of the property, including the ability to sell or refinance the property even if they have recorded a beneficiary deed. Beneficiary deeds are revocable. In other words, the homeowner can change their mind after recording a beneficiary deed as long as they still own the property and record a new deed. Beneficiary deeds can be recorded for property even if there is a secured debt or lien on the property. The grantee of a beneficiary deed does not have any rights to the property until and unless the record owner of the property passes away.

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Are HOA Residents Entitled to Free Speech?

Governor Ducey approved HB2158 on April 13, 2022. Sponsored by Representative Kavanagh of Fountain Hills, the bill limits prohibitions Homeowner Associations (HOA) may enforce in relation to speech involving the HOA. The bill becomes effective 91 days after the legislative session adjourns and will be codified under the Arizona Revised Statutes §§ 33-1261 and 1808.

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