Dear Cyber-Followers: After 103 days in session, 106 bills have passed and 105 have been signed by Governor Ducey. Last week was the third week of budget discussions at the Arizona Legislature. None of the five (5) community association bills we are monitoring have moved an inch in 3 weeks due to the budget negotiations. It is anticipated that once [...]
by Beth Mulcahy, Esq. Working with many association documents over the years has given me insight regarding how to best approach the amendment process for such documents. My secret to successfully amending CC&Rs is using a five step plan. Associations want to amend their documents for the following reasons: to delete or modify restrictions that are outdated, ambiguous or unreasonable; [...]
Dear Cyber-Followers: It was another interesting week at the Arizona Legislature! After 96 days in session, 106 bills have passed and 105 have been signed by the governor. Last week was all about the budget and everything else was placed on a giant “pause”. It is rumored that the budget will be passed this week and once the budget [...]
By Beth Mulcahy, Esq. Yes, there is! There is often confusion in the community association industry regarding the difference between a “disclosure fee” and a “transfer fee”. Can an association charge a disclosure fee and/or a transfer fee, and, if so, how much? Disclosure Fees An association may charge a “disclosure fee” to compensate the association for the costs incurred [...]
Dear Cyber-Followers: It was another interesting week at the Arizona Legislature! After 89 days in session, 106 bills have passed and 105 have been signed by the governor. Governor Ducey gave informal notice to the legislature’s leadership last week that he did not want to see any more bills on his desk to be signed until he received the [...]
By Beth Mulcahy, Esq. It’s that time of the year again… Fiscal year 2015 has ended for most of our association clients and boards are now considering the next requirements with regard to the association’s 2015 financial books and records. Many boards have contacted our office asking if an association is required to have an audit done by a CPA [...]
Dear Cyber-Followers: It was another busy week last week at the Arizona Legislature! After 82 days in session, 106 bills have passed and 89 have been signed by the governor. Last week, the first community association bill was signed by Governor Ducey (HB2172, Design; Architectural Committees; Review). Under HB2172, a board or an architectural committee’s approval of construction projects, [...]
by Beth Mulcahy, Esq. Our firm represents over 1,000 associations in Arizona. I can tell you with certainty that I have not seen a proxy used in an election or annual meeting in many, many years. Pursuant to Arizona law (A.R.S. Section 33-1812 for planned communities and 33-1250 for condominiums), proxy voting is only allowed while the association is under [...]
Dear Cyber-Followers: It was a busy week last week at the Arizona Legislature! Many of the committees in the Arizona Legislature finished hearings last week and now it is “game time” for final voting by legislators on community association bills. Currently, 88 bills have passed and 73 have been signed by the governor (with 15 bills still waiting to be [...]
By Beth Mulcahy, Esq. Questions: Is our association required by Arizona law to post the agenda prior to the regular board meeting? Are owners entitled under Arizona to receive an agenda if they attend a regular board meeting? Do you suggest boards use an agenda at a regular board meeting? Can you provide me with a sample agenda for a [...]
