The heat is here, the first day of summer is tomorrow (June 21) and owners and their guests are flocking to the association’s pool… pool safety starts with you. It goes without saying; the importance of pool safety is something that we can’t stress enough. What to say to that person who likes to “prop open” the pool gate? PLEASE [...]
If you live in a community association, either a planned community or a condominium development, chances are that you pay an annual, quarterly, or monthly assessment to the community association. Regular assessment payments from homeowners are necessary for the community association to pay for things like, the maintenance of the common elements, vendors’ contracts, like a management company, and for [...]
In Arizona, the vast majority of community associations are formed as either Condominiums, which are subject to the Arizona Condominium Act (A.R.S. Section 33-1201, et seq.); or, Planned Communities, which are subject to the Arizona Planned Communities Act (A.R.S. Section 33-1801, et seq.). In many communities, the distinction is clear. However, there are some cases where the classification of Condominium [...]
Pickleball is becoming a hot topic for many associations and homeowners throughout Arizona. Mulcahy Law Firm is seeing issues emerge regarding the sport, including the possibility of associations converting tennis courts into pickleball courts and noise issues associated with pickleball. This article aims to walk associations through some of the issues and possible solutions for pickleball disputes. What is pickleball? [...]
On March 8, 2018, the Town Council of Paradise Valley adopted an Unruly Gatherings Ordinance (2018-05), aimed to deter house parties that disturb neighboring residences and that comprise the safety and welfare of the public. When the police respond to an Unruly Gathering it drains police resources and while the police are responding, it prevents them from securing other areas [...]
If you live near Scottsdale or Phoenix, you have probably noticed a large number of colorful bikes that have recently been introduced to the area. These bikes are part of bike-sharing programs that have partnered with the cities of Phoenix, Scottsdale, Tempe and Mesa. The premise of these programs is very simple: download the company’s app to rent a bike, [...]
Approximately 65 million Americans (or 1 in every 5) live in homeowner associations, including condominiums and planned communities in the United States.[1] The number of homeowner association communities in the United States has risen from approximately 10,000 communities in 1970 to 342,000 communities in 2016.[2] In a recent study, Arizona ranked tenth in the country in number of community associations, [...]
As any board member will tell you, managing the day-to-day operations of an association can be a daunting task. Many associations hire a professional management company to assist them with their responsibilities. But with so many management companies out there, how do you know which one is right for your association? Below is a step-by-step process that our firm has [...]
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. In a community association context, a common example of a request for a [...]
Board members and managers frequently ask my firm whether their Association can hire a handyman to complete projects or repairs within their Association. My response is generally yes, but there are a number of considerations that I advise the Board to first contemplate. First, the Board should review the situation to determine whether the work should be done by a [...]
