Mulcahy Law Firm, P.C. was recently contacted by a condominium Board grappling with a perplexing issues – an owner’s unattended vehicle, left idling for an extended period of time in their underground parking garage. The association reported that the car had been left for over 20 hours, and attempts to contact the owner were unsuccessful. While this may appear to [...]
Insurance policies can be convoluted and confusing. Diligently reviewing your community association’s insurance policy to ensure that coverage (1) meets the minimum requirements imposed by the Governing Documents and/or applicable Arizona law (specifically as to Condominiums); and (2) meets the Board’s expectations, is vital. In Dollar Point Association, Inc. v. United States Liability Insurance Company, No. 2:22-cv-0995-KJN (E.D. Cal. May [...]
As evidenced by the rampant door-to-door solicitations, Arizona solar companies are becoming more and more prevalent. Arizona law (and the Arizona weather) favors the use of solar energy devices by homeowners within community associations. In fact, pursuant to A.R.S. Section 33-439(A), “[a]ny covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or [...]
Virtual board and annual meetings have become commonplace in the post-pandemic world. But, what happens when a homeowner doesn’t want virtual meetings and demands that the association hold in-person board or annual meetings? Homeowners may prefer in-person meetings for several reasons, including limited technology or simply missing in-person interaction. However, most boards agree that there are many benefits to virtual [...]
When it comes to community associations, no news is good news. Unfortunately, when community associations do make the news, the media coverage they receive is often negative. Below are some tips to follow if your association is contacted by the media. Contact your community association attorney! Your attorney can help develop a strategy and assess the issues’ merits. Designate a [...]
A recent opinion from the Texas Court of Appeals, Angelwylde HOA, Inc., v. Fournier, No. 03-21-00269-CV (Tex. App. Mar. 17, 2023), held that a 12-month minimum rental restriction, which was adopted in accordance with the amendment provision in the CC&Rs is valid and enforceable. While the case law is not binding upon Arizona community associations, Arizona Courts will likely be addressing [...]
Mortgage foreclosures (which, in Arizona, are known as trustee’s sales) were a hot button topic during the pandemic, primarily due to the moratorium on mortgage foreclosures. With the foreclosure moratorium having expired on 06/30/2022, it’s a good time for community associations to revisit this important topic. A trustee’s sale occurs when a trustor (i.e., borrower) falls behind on payments due [...]
A recent case in Pennsylvania, U.S. v. The Dorchester Owners Association, No. 20-1396 (E.D. Penn. Jan. 25, 2023), ruled that The Dorchester Owners Association (“Association”) engaged in discrimination in violation of the Fair Housing Act (“FHA”) in connection with requests for assistance animals. Although the Association’s governing documents prohibited pets, the Association adopted several different rules in evaluating requests for [...]
The Arizona Legislature began the 2023 session on January 9, 2023 and is considering numerous bills. While the legislature is in session, our firm periodically prepares and posts an updated summary of these proposed bills. A number of bills did not pass through committees in the required time. These bills will probably not continue to move forward. The most active [...]
The recent takeover of Silicon Valley Bank (“SVB”) and Signature Bank by regulators is troubling to all industries in the U.S., including the HOA/Condo industry. The demise of SVB and Signature Bank raises important questions regarding the level of protection HOAs and Condos should have in place to keep their bank deposits safe. Bank failures are rare, but, when it happens, [...]
