Short-term rentals continue to be a hot button topic in Arizona, and throughout the Country. A recent opinion from the Texas Court of Appeals, Duncan v. Prewett Rentals Series 2 752 Military, LLC, No. 03-21-00244-CV (Tex. App. Aug. 19, 2022), contemplated whether a short-term rental, by operation of its use as a “party house” violated the private residential use restriction [...]
With the Super Bowl being hosted in Glendale, Arizona in February, 2023, a significant increase in short-term rental activity is expected throughout the Valley. On March 30, 2022, Governor Ducey signed SB1168, which impacts both Planned Communities and Condominiums, and places significant regulations on short-term rental properties. Please follow this link for the full details regarding SB1168: https://www.mulcahylawfirm.com/sb1168-vacation-rentals-short-term-rentals-enforcement/ In addition [...]
Before an Association can turn a file over to a law firm for collection of delinquent assessments from an owner, Arizona law requires the following: 1) The Association must provide the owner a letter with thirty-day notice before transferring the file to a law firm; 2) The letter must state “Your account is delinquent. If you do not bring your [...]
When an owner or member makes a records request it is important to act quickly. Once an owner or member makes a records request, Arizona law requires that all financial and other records of an association must be made reasonably available for examination by any owner or member within 10 business days from the date of receipt of the request [...]
Pets are like members of the family, so any type of HOA restriction that places limitations on an owner’s right to keep his/her pets within the home can be met with serious resistance. Breed specific restrictions, which are a subset of pet restrictions, are also very controversial. In the context of a Condominium, certain breeds may be restricted based on [...]
On March 30, 2022, Governor Ducey signed SB1168: VACATION RENTALS; SHORT-TERM RENTALS; ENFORCEMENT; HOAs into law which amends the Condominium Act and Planned Communities Act (A.R.S. Section 9-500.39 and 11-269.17, Repealing Section 42-1125.02, Section 42-5042, Relating to Vacation Rentals and Short-Term Rentals). This new law applies to planned communities and condominiums and will become effective on September 24, 2022. Set [...]
On March 30, 2022, Governor Ducey signed HB2275: CONDOMINIUM TERMINATION; UNIT OWNERS; HOAs into law which amends the Condominium Act. This new law applies only to condominiums and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.'s easy to understand explanation of the new law. Please contact Mulcahy Law Firm, P.C. with questions related [...]
On March 30, 2022, Governor Ducey signed HB2010: FLAGS; HOAs into law which adds a new section to the Planned Communities Act (A.R.S. Section 33-1261 and 33-1808). This new law applies to both planned communities and condominiums and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.'s easy to understand explanation of the new [...]
On March 30, 2022, Governor Ducey signed HB2158: POLITICAL; COMMUNITY ACTIVITY; HOAs into law which amends the Condominium Act and the Planned Communities Act (A.R.S. Section 33-1261 and 33-1808). This new law applies to planned communities and condominiums and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.'s easy to understand explanation of the [...]
On March 30, 2022, Governor Ducey signed HB2131: ARTIFICIAL GRASS BAN PROHIBITED; HOAs into law which adds a new section to the Planned Communities Act (A.R.S. Section 33-1819). This new law applies only to planned communities and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.'s easy to understand explanation of this new law [...]
