There is a growing problem in community associations – hoarders. These owners hoard books, newspapers, trash, knick-knacks, furniture, scrap metal, tools, clothes, animals, rotting food and everything in between. Unfortunately, this is a common problem and has been identified as a serious behavioral illness. “Hoarders” are usually isolated and suffer from the psychological issues that produce the clinical definition of [...]
Over the past few years, there has been a dramatic increase in the number of rental properties in Arizona, including short-term/vacation rentals. Here’s a quick rundown on what an association can require from a landlord regarding a tenant: Associations are prohibited from requiring any owner to disclose to the association, any information regarding a tenant other than the following (A.R.S. 33-1260.01 / [...]
Your board has received a board removal petition... What should you do next? The procedure to remove a single board member or multiple board members from the board is outlined in A.R.S. 33–1813 (for planned communities) or A.R.S. 33–1243 (for condominiums). It is important to note that this procedure does not apply to board members appointed by the developer and [...]
The Federal Housing Finance Agency ("FHFA") recently extended its foreclosure moratorium on Fannie Mae and Freddie Mac loan servicers (which was set to expire on 06/30/2021) until 07/31/2021. What does this mean for community associations? Because mortgage foreclosures (or "Trustee's Sales" as they are known in Arizona) are an important indicator of future HOA delinquencies, the extended foreclosure moratorium is [...]
Mulcahy Law Firm, P.C. offers its most sincere condolences to the victims and families impacted by the recent events at the Champlain Towers South Condominium Association. This devastating tragedy provides valuable lessons for board members of highrise condominiums. If your highrise condominium has not had a recent inspection performed by a certified structural engineer, we recommend doing so as soon [...]
Here’s a question I’m often asked... An owner in our association made one of the following changes to their property without architectural approval... Here are some of the most common unapproved modifications we hear about on a regular basis: painting their home, adding a new garage door, changing out windows, building bonus rooms, guest homes, walls or fences, changing their [...]
Its officially summer here in Arizona and that means that many people are leaving the Valley for cooler temperatures. It can be difficult to keep Board business going when so many people and Board members are away, but we have tips to make sure you can hold meetings and keep your association productive over the summer. Many associations do not [...]
As Federal and local governmental guidance on COVID-19 continues to evolve, it is important for community associations to continue to adapt accordingly. On or around May 13, 2021, the CDC issued new Guidelines regarding masks, which generally provides that individuals who are vaccinated are not required (with certain limited exceptions) to wear masks indoors or outdoors. Furthermore, the law recently [...]
Have you ever heard the phrase “penny wise but pound foolish”? One common mistake is trying to save a little money by hiring an unlicensed contractor. In the end, the unlicensed contractor ends up costing a lot more money for the association. My advice… Hire licensed and bonded contractors for projects that under Arizona law requires you to hire licensed [...]
Have your Association documents been amended in the past decade? If your answer to this question is “NO”, now is the time to act! Almost every year over the past two decades, the Arizona legislature passed new laws regarding HOAs and condos. It is very possible your association’s documents are in conflict with many of the new laws. Your association should [...]
