McKeddie Cooley, GP

McKeddie Cooley, GP HOA Law, Condominium Law, Real Property Law, Personal Injury, Corporate Formation/Dissolution and Governance

McKeddie Cooley, GP is a full service civil practice dedicated to representing homeowners and providing aggressive, yet highly ethical legal services to its clients in the most economical manner possible. With over 35 years combined experience in the legal community, our team is committed to providing exceptional service in nearly every area of civil practice. Whatever your legal needs may be, whe

ther it is prevailing in a complex commercial litigation with your homeowners' association or drafting a simple contract, McKeddie Cooley will dedicate itself to obtaining the result you are looking for.

10/01/2025

📣 Legal Lowdown❗
Just last month, the Arizona Supreme Court ⚖️ weighed in on a HOA case, making it official that owners can work together with their HOAs to address construction defects in a community. 🏘️ In Pointe 16 Community Association v. GTIS-HOV Pointe 16, LLC, the Court allowed owners to assign claims against builders to their HOAs to pursue on their behalf. Notably, the Court allowed these assignments even when the contract between the owner and builder contains a non-assignment clause 🚫, reasoning that assigning rights under the contract is prohibited, but that's different from claims for damages arising out of the contract so claims can still be assigned. 👍🏽

We think this decision will be very useful, especially for communities that suffer from common defects. For instance, in one of our cases, every balcony in a condo community leaked. This kind of thing happens more often than it should, but it can be difficult to get the defect repaired when for whatever reason the builder disputes their obligation to do so. Litigation is often the only option, and that's a costly 💸 and overwhelming 😳 process that many individual owners can't afford to see through. Now that owners can assign their claims to the HOA, a community can work together 🤝to ensure any common defects are repaired and any damages caused are paid when applicable. ⚖️💲🏡😊

08/13/2025

📢Legal Lowdown❗️
Who knew that a couple colored lights intended to honor first responders could lead to the HOA going after you? In Peoria, a HOA made the news for all the wrong reasons after sending a demand letter to a homeowner that's had colored lights 💡on his home for 5 years to honor first responders 🚒, insisting he remove the lights or face enforcement action. We find this ridiculous. 🙄 These lights aren't bothering any of the immediate neighbors, as evidenced by the fact that they've been there for 5 years without complaint. They're minimal in nature, a lot less than most holiday displays. We understand that HOAs have a legitimate reason to prevent crazy things like spotlights or giant displays that tower over other people's homes, but a couple colored lights? We find that unreasonable, and we believe the law agrees with us. ⚖️

We've successfully fought HOAs over similar issues and sometimes, they took serious enforcement action over things so minor, they must have needed a private detective 🕵‍♀️ to find them. If your HOA is making unreasonable demands that you think are ridiculous, we can help make things right.

07/16/2025

📢Legal Lowdown❗️
Can you imagine being fined 💲 for giving out free, cold water💧in the Arizona summer heat 🥵? Unfortunately, we're not surprised by this story in the National news about an Arizona HOA. These are the types of cases that end up on our desk - the ones where the HOA's decision to "enforce' the rules against someone just doesn't seem right. We can't imagine what it is that has offended the HOA in this case, but we know it could be anything from the presence of the cooler in the front yard to the "extra traffic" the HOA thinks the free water brings. Whatever the case, we hope the homeowner simply trying to do a good thing wins this one. ⚖️
We've seen far too many cases just like this. If you find yourself dealing with something as ridiculous as fines for free water, we're always here to help!

07/02/2025

📢 Legal Lowdown❗️
The AZ Legislature was busy changing HOA law in Arizona this term! These changes benefit homeowners in significant ways so we're very happy to tell you what's what. In our opinion, the most important change concerns when HOAs can foreclose on an owner's home. 🏠 Now, A.R.S 33-1807 prohibits foreclosure unless an assessment delinquency is at least 18 months old (it was 1 year) or at least $10,000 (it was only $1,200). This extra protection will undoubtedly help countless people going through difficult times keep their homes. 😊

Some other changes to note concern political flags 🇺🇸and meeting recording. 📼 HOAs are now required to record ALL open meetings and keep a copy of the recording, UNEDITED, for at least 6 months. This is very beneficial for owners that couldn't attend the meeting, or peehaps are looking to document what went on. 🤔🔍

With respect to political flags, homeowners now have the right to post both political signs and flags, consistent with free speech and expression rights. 🇺🇸 HOAs can regulate things like quantity, how long they can be posted, and size, so we recommend owners read their community's Rules and Regulations before taking action. 👓📖

Overall, a successful term for homeowners! If you ever need any advice about these or any other HOA issues, we're here to help. ⚖️

SB 1378 – POLITICAL SIGNS; HOMEOWNERS’ ASSOCIATIONS: This bill changes the definition of“Political sign” to include a sign or flag. (Signed by Governor on 5/2/25)

06/18/2025

📣Weekly Legal Lowdown
Freedom of expression is such a fundamental aspect of American life. 💃🕺 Many of us want to be able to make our feelings known in election seasons, but HOA rules and regulations can get in the way. 🚫 Not anymore. The Arizona legislature recently passed a law, which the Governor signed in May 2025, expanding ARS 33-1808 & 33-1261 to include flags. 🇺🇸 Now homeowners can fly the flag of their choice, as well as put up a lawn sign. There are still regulations possible about size and when things can be posted, but this is definitely a step in the right direction with respect to freedom and specifically, the First Amendment. ⚖️

05/28/2025

📣 Weekly Legal Lowdown
Over the holiday weekend, an Arizona HOA made the news for all the wrong reasons. A woman living in a Phoenix community received an order from her HOA demanding she remove the Memorial Day display she had in her front yard honoring her brother, a fallen soldier. The local and national media picked up the story. Needless to say, the HOA did not look good, so it was no surprise to us that the HOA suddenly reversed course, claiming the woman had prior approval for the display so it could stay. The media can be a powerful ally when you're unjustly targeted by your HOA.

If you find yourself in a similar situation, with a HOA demanding you take down a display in your front yard, you may not be so fortunate. While HOAs can't stop people from displaying political signs and various flags, they do have the power to regulate the type and number, as well as the duration of the display. The details of the HOA's power in this respect can be found in A.R.S 33-1808. So, if you want to have some sort of display in your front yard and you live in a HOA community, review your community's governing documents to see if there are any rules regarding the display, and compare what you find with ARS 33-1808. As long as your display is within the parameters of the Rules and Arizona law, you should be fine. But "should be fine" does not equate to "will be fine." If you run into trouble, we can help.

05/14/2025

📣 Weekly Legal Lowdown
Far too often, we see homeowners facing litigation with their HOAs over the HOA's attorney's fees. The homeowner will have a minor disagreement with the HOA, or in some cases just ask a question, and suddenly they're charged for the HOA's attorney's fees. 💲 More often than not, the HOA then turns over all communication with the owner to its attorneys, which causes the attorney fee charges to rise astronomically 📈 even though there weren't any further issues with the HOA. A homeowner that faced a $25 fine, for instance, may find themselves charged for $2,000 in attorney's fees or more. 🤯 What's worse is the HOA will then continue to use its attorney to collect the fees, which also causes the balance to increase if the owner challenges or even questions the bill.

We have always believed only courts can award attorney's fees to an adverse party. ⚖️ As such, we're closely following HB 2865, which is currently pending in the Arizona legislature. HB 2865 would significantly restrict when HOAs can collect attorney's fees from other parties. It would prohibit HOAs from awarding themselves ANY attorney's fees against owners. 😎 Moreover, homeowners that prevail in litigation against their HOA would be entitled to recover their attorney's fees from the HOA as a matter of statute. 😀

HB 2865 would be a huge victory for homeowners. 🥳 We urge you to contact your Representatives and Senators expressing your support 👍 for this bill, urging them to vote in favor of it passing. ☑️🗳️

05/07/2025

📣 Weekly Legal Lowdown
To be or not to be? 🤔 The Arizona legislature is currently considering HB 2723, which would describe the circumstances where the local government can require the formation of a HOA by the developer of a community. For HOAs established after July 2014, HB 2723 would allow for rules & regulations that are no more restrictive than applicable city code, which means there doesn't have to be anything beyond what's already in City Code. HOA communities are popping up all over Arizona 🏘️ so we think having the option to take the least restrictive approach and simply stick to City Code for the community rules/regs is a good thing. 👍

04/30/2025

📣 Weekly Legal Lowdown
The Arizona legislature has been busy this year with HOA law! One of the most significant changes concerns when a HOA can foreclose on an assessment lien. ARS 33-1807 currently prohibits foreclosure unless the assessment debt is at least a year old or at least $1,200. Recognizing that the loss of one's home is an extreme remedy that should only occur in extreme situations, the Arizona legislature increased the delinquency requirement to 18 months or at least $10,000. We think this is a victory for homeowners. People should not be subject to losing their home for falling a bit behind on their assessments. We advise all owners to stay current on assessments because foreclosure is a possibility, but at least now owners have more time to make the necessary arrangements.

04/23/2025

📣Weekly Legal Lowdown!
In January 2025, a national survey found that 1 in 3 homeowners that live in HOA communities were so unhappy there, they planned to move to a non-HOA community. 😔 One of the top 3 reasons for was inconsistent rule enforcement, which we call "selective enforcement" in the legal system. Many of the cases we've handled concern allegations of selective enforcement, where homeowners feel that their HOA is enforcing a rule against them that hasn't been enforced against others. Maybe it's a backyard playset 🛝 just like several neighbors have, or the planting of a tree 🌳 like the house across the street. Suddenly, there's a letter from the HOA demanding removal 🚫 of whatever the offending item isand threatening fines, while the other people in the neighborhood with the same item are left alone! We agree that it's unfair to treat owners unequally, if that is in fact what's happening. Sometimes a house can be uniquely situated such that it qualifies for a variance or an exception to the rules, but usually the rules should be the same for everyone. 🟰 Arizona law requires as much. ⚖️ If you feel like your HOA is singling you out with rule enforcement that doesn't seem to apply to others in your neighborhood, you might have a selective enforcement problem, and we can help solve it so you're treated fairly and feel at home in your own house. 🏡

04/16/2025

📣Weekly Legal Lowdown
Although we're usually the ones litigating cases against HOAs, we understand that the majority of HOAs are comprised of volunteers that work for the betterment of the community with the best interests of their neighbors at heart. ♥️ Your HOA is in a unique position to help you in certain circumstances. A great example is when a construction project or new infrastructure negatively impacts everyone's property values in the community. 🏘️ 💸 This year, the Arizona Supreme Court ruled in favor of an Ahwatukee HOA that sued the State of Arizona on behalf of the community, arguing that the State didn't adequately compensate owners for their losses relating to the construction of the 202 freeway. The Arizona Supreme Court agreed and the owners were ultimately awarded $12 million! ✅💰 Because of the hard work of this HOA and everyone coming together for the common good, homeowners in Arizona will be entitled to fair compensation if any infrastructure projects negatively impact their property values. We applaud the good work. 👏
HOA litigation doesn't always look like neighbors fighting neighbors. If a construction project has you feeling down along with your property values, we can help! ⚖️

04/09/2025

📣Weekly Legal Lowdown!
HOA violation notices are never fun to get, especially if you feel like you didn't do anything wrong. As homeowner lawyers, we've had too many cases about wrongful violations to count! You shouldn't have to hire an attorney to fix a simple mistake, and it shouldn't be difficult to get all the facts. That's why we support SB1337. This bill would require HOAs to include detailed information in every violation notice so homeowners know exactly what they're accused of doing, who reported it, and when. As things stand now, you can only get that information upon request made in writing within a specific time after receipt of the notice. SB1337 passed in the Arizona Senate and is currently pending in the House. We urge you to contact your Representatives and let them know you support this bill. ⚖️✅

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6424 E Greenway Pkwy, Ste 100
Scottsdale, AZ
85254

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Wednesday 9am - 5pm
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