On March 30, 2022, Arizona Governor Doug Ducey signed HB 2131 into law. Sponsored by Representative Kavanaugh of Fountain Hills, the bill essentially limits an associations’ ability to enforce provisions of its Declaration of Covenants, Conditions, and Restrictions (CC&R) that include a prohibition on artificial grass. HB 2131 will become effective 91 days after the 2022 regular legislative session ends and will be established as A.R.S. § 33-1819.
Read MoreAmendments to a Homeowners Associations’ Covenants, Conditions, and Restrictions, can be challenged, even if the amendment was passed by a majority of the homeowners and duly recorded. On March 22, 2022, the Arizona Supreme Court published its decision for Maarten Kalway v. Calabria Ranch HOA, LLC. The case involved a dispute between an H.O.A. and a homeowner after the H.O.A. amended its governing documents to impose new limitations on the homeowner’s ability to improve their property.
Read MoreIf you live in a community with homeowner’s association or a condominium association, you might be required to pay regular assessments on a monthly, quarterly, or annual basis. You may also receive notice that you are required to pay a special assessment for a specific cost. Assessments are collected by the HOA to fund, operate and maintain “Common Areas” (as defined by your HOA’s governing documents) or other shared obligations of the HOA like legal fees, maintenance costs, or management fees.
Read MoreThe Tyler Allen Law Firm wishes each of you a very Happy Holidays this year. The weather is starting to cool down here and the valley. For many families, this is the perfect time to start putting up holiday decorations inside and outside their home. But if you live in a homeowner’s association or condominium association, there are some basic things to check before you set up your holiday decorations.
Read MoreMost people know the benefits of a good estate plan. Comprehensive estate plans help you designate a guardian for your minor children, a personal representative to administer your estate if you die, and a fiduciary to make financial and health decisions if you are incapacitated. You can also individually assign your real estate, cars, life insurance, and financial accounts to specific people upon death.
Read MoreIt’s important to read and understand the rules for the HOA that you live, your rights with regard to any violation notices, and the penalties for non-compliance. Sometimes action is needed within a specific time frame, and the Association may argue that it’s entitled to seek attorney’s fees against you for noncompliance.
Read MoreAll but two states have lifted COVID restrictions on businesses or intend to do so within the next month. As states reopen, restaurants and retail outlets are humming, and professional staff are being brought back into offices after a year of remote work. As part of this reopening, employers are facing the unique dilemma of whether to require vaccination as a condition of employment. Although there are social, business, and public health components to consider, one thing is clear: in most cases it is perfectly legal for an employer to enact a mandatory COVID-19 vaccination policy.
Read MoreOn November 3, 2020, Arizona voters passed Proposition 207, also known as the Smart and Safe Arizona Act. This act permitted the legalization, taxation, possession, and recreational use of marijuana for adults twenty-one years old or older. Additionally, Prop. 207 included a new statute, A.R.S. § 36-2862, that provides a path to expungement for individuals previously convicted of certain marijuana-related offenses and allows dismissal of pending charges.
Read MoreWorkplace liability is on the rise with employees returning back to the workplace during the COVID-19 pandemic. Due to the potential health risks associated with COVID-19, a few employers across the country are requiring employees to sign liability waivers. The enforceability of these liability waivers is currently being challenged in some parts of the country.
Read MoreOn June 15, 2020, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibited discrimination based on sexual orientation and transgender status. The Court interpreted Title VII’s prohibition against sex discrimination to include both sexual orientation and transgender discrimination.
Read MoreArizona is re-opening businesses following a lengthy Stay Home order caused by the COVID-10 virus. Many of these businesses include restaurants, retail stores, and hospitality services with extensive customer interaction. These businesses are now calling on their employees to come back to work but with the coronavirus cases continuing to increase, not every employee is ready to return due to safety concerns.
Read MoreIn the wake of the Covid-19 virus, employees. have wondered what to expect when going back to work. With fear of economic disaster, states have been putting focus on the reopening of workplaces nationwide. Many employees, particularly those who are immunocompromised or have respiratory ailments, fear the risk to their health is high.
Read MoreThe misclassification of employees as independent contractors is a significant problem in the United States. Employers can save a tremendous amount of money by classifying a worker as an independent contractor instead of as an employee. However, this results in a significant cost for workers.
Read MoreA consultation is a helpful way to find out if you have a case. The Tyler Allen Law Firm provides reduced-fee consultations with an experienced Arizona employment attorney. We charge a $150 consultation fee and will meet with you for up to one hour. We provide our consultations in-person at our Phoenix office or we are happy to consult with you over the phone.
Read MoreThe federal Equal Pay Act (EPA) was passed in 1963. This Act aims to abolish wage disparity based on sex and seeks to ensure that equal work is rewarded by equal wages.
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If you have a disability, you have the right to a reasonable accommodation that will allow you to do your job. The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees with disabilities. Originally signed into law in 1990, the ADA protects people with disabilities from discrimination in employment, government programs and services, public accommodations, transportation, and telecommunications.
Read MoreA durable financial power of attorney is a way to allow someone else to manage your finances in the event you are unable to make these decisions yourself. The person you grant as your financial power of attorney is often referred to as your “agent”. The power to make these decisions for you is given to your designated agent in a legal document. A financial power of attorney is not only useful for you, but can help your family during this sensitive time as well.
Read MoreA healthcare power of attorney is a legal document allowing you to designate a person (agent) to make healthcare decisions for you in the event you are unable to make them for yourself. A living will, also known as a directive or advance directive is a document allowing you to state your wishes for your end-of-life medical care in case you become unable to communicate your decisions yourself.
Read MoreIf you’ve been wondering when the best time to create your estate plan, the answer is now. Estate planning allows you to create a comprehensive plan to accomplish your goals and give you peace of mind.
Read MoreThe Pregnancy Discrimination Act (PDA) is a federal law that prohibits discrimination against pregnant workers in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.
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