The Fair Housing Act (“FHA”) prohibits a community association from discriminating against a person in providing services or facilities in connection with a sale or rental because of disability. Prohibited discrimination includes (1) a refusal to make reasonable accommodations; and (2) a refusal to permit reasonable modifications. Once a request for a reasonable accommodation/modification is submitted (either verbally or in [...]
Many Arizona residents own firearms and are permitted to carry them in public places with the proper permits. But do those permits apply to common areas in a homeowners association? Does the Board of Directors of a homeowners association have the power to restrict or prohibit firearms in common areas? The Board does have the authority to prohibit firearms in [...]
The Community Association Institute’s (CAI) College of Community Association Lawyers recently released a Civility Pledge to help homeowners associations adopt a model to facilitate better conversations and more effective communications among board members and homeowners. There are 4 pillars in the Civility Pledge, which all aim to increase transparency and civil conservation, while prohibiting personal attacks and hostility. In summary [...]
In what will assuredly be a contentious election year, it is important for community associations to be knowledgeable and cognizant of relevant statutes regarding political signage/activities. ARS Sections 33-1261 (Condominiums) / 33-1808 (Planned Communities) severely limit a community association’s power to restrict/prohibit political activities, including: • Associations shall not prohibit the indoor or outdoor display of a political sign by [...]
On Monday, January 13th, the Arizona Legislature’s 2020 session begins. One topic that’s guaranteed to be on the legislature’s agenda is short-term rentals. After signing a May 2019 law that regulated “party house” rentals through sites such as Airbnb and VRBO, Governor Ducey signaled in August that the law would likely be revisited in the next legislative session. State lawmakers [...]
Many homeowners, in both single family and condominium communities, are investing in their own security and surveillance cameras. Technology has made it extremely easy to access security footage on an individual’s cell phone. Further, a number of companies have released reasonably priced devices for individual usage. For example, a “Ring” doorbell allows the homeowner to capture video on his/her phone [...]
The relationship between a community association board and the association’s management company (and community manager) is absolutely vital to the community’s success. How can your community association best ensure that this important relationship remains positive? COMMUNICATION! Effective communication is a cornerstone of any important relationship, including the relationship between the board and the management company. Below are a few tips [...]
The Eisenhower Principle Can Be a Guide to Associations In a 1954 speech to the Second Assembly of the World Council of Churches, former U.S. President Dwight D. Eisenhower, who was quoting Dr J. Roscoe Miller, president of Northwestern University, said: "I have two kinds of problems: the urgent and the important. The urgent are not important, and the important [...]
Dear Clients and Friends, On behalf of everyone at Mulcahy Law Firm, P.C., we wish you a happy holiday season! We appreciate the opportunity to work with and know each and every one of you and wish you all the best during the holidays and in 2020. Join us this Friday (December 6th) from 9:00- 10:00 a.m. for our First Friday [...]
A Code of Conduct describes the expectations of board members during, and in some cases after, their service to the community. While many of the issues addressed are already codified by Arizona law, adoption of a written, signed Code of Conduct provides a tangible framework for board members to reference and follow in furtherance of bettering the community and working [...]
