We aren’t the only ones that have seen this in the news week after week! Theft of association funds has unfortunately become common in community associations throughout the nation. No board of directors ever wants to find out that money that is needed to run the association and maintain the common area is now gone due to embezzlement. As an [...]
Most community association documents require an associations' board of directors to adopt a budget for each fiscal year and early to late fall is typically the time of year devoted to that process. Because the management company is familiar with all aspects of the association, they usually prepare the budget for the board's approval. However, an association's finance committee should [...]
We’ve had a number of large monsoons tear through the Valley this summer. While we love some rain, unfortunately, many of the monsoons cause extensive damages with their rain, wind and lightening. In the days following a monsoon, I usually receive many calls and questions about who is responsible for the damages caused by the monsoon to different areas throughout [...]
Pet restrictions in community associations can be a very controversial topic. Animal lovers consider dogs (and pets in general) to be members of the family, so any type of 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, [...]
The Arizona Court of Appeals issued an opinion earlier this year regarding a dispute between a nonprofit golf and recreation club (“Club”) and two equity membership members in the club (“Members”). Although this case isn’t specifically about a homeowners association or a condominium, it does provide valuable insight as to how the Arizona Court of Appeals views an association’s governing [...]
Does your Association board and/or owners know the process under Arizona law for removal of a board member/director at large from office? In Arizona, the Arizona Condominium Act, ARS Section 33-1243(H), and the Arizona Planned Communities Act, ARS Section 33-1813(A), provide for very specific protocols for the removal of Board Members in Condominiums and Planned Communities, respectively. Please also note [...]
What makes one community association successful while another struggles? After 20 years of experience working with community associations, I have come to the conclusion that one of the reasons is leadership. This article will define leadership, talk about the importance of leadership, characteristics of a good community association leader and how boards can lead at a higher level. What is [...]
Have you ever heard the phrase “penny wise but pound foolish”? Over the years, I have seen some expensive mistakes made by association boards. One common mistake is trying to save a little money by hiring an unlicensed contractor. I’ve often found that, in the end, the unlicensed contractor ends up costing a lot more money for the association. [...]
The terms “reasonable” and “unreasonable” are frequently used in the Community Association legal industry. Both the Arizona Planned Communities Act and Arizona Condominium Act use the terms “reasonable” and “unreasonable” throughout various sections of the legislation. For instance, ARS 33-1242 grants the association the authority “after notice and an opportunity to be heard,” to “impose reasonable monetary penalties on unit [...]
We often receive questions from board members seeking advice on how to handle board meeting conflicts. We are here to help. Board member vs. board member Board Member to board member conflict will bring the association board meeting productivity to a halt. It is important that all board members work together to prevent conflicts, and, when they do arise, the [...]
