By Beth Mulcahy, Esq. Recently, our firm received an urgent phone call from a planned community board asking for advice regarding a board removal petition submitted by a disgruntled group of owners in their association. Although there had been rumors that there was a removal petition circulating within the community, the Board was surprised to receive it nonetheless. After getting [...]
By Beth Mulcahy, Esq. Unfortunately, our firm has received this question many times over the years. First, let’s talk about Arizona law. Arizona Sex Offenders Community Notification Statutes On June 1, 1996, the Arizona legislature adopted the Arizona Sex Offenders Community Notification Statutes (A.R.S. Sections 13-3821 to 13-3828). Under these laws, once a convicted sex offender is released from jail [...]
by Beth Mulcahy, Esq. Happy New Year! On behalf of everyone at Mulcahy Law Firm, P.C., I would like to wish you all the best in 2016. Over the holidays, I was able to spend more time than usual at home and realized that I needed to do some editing and tossing of personal records, clothes that don’t fit our family [...]
Wishing you good times, good cheer, and a memorable new year! As you plan for the new year, we hope that you will use the 2016 Goals Worksheet that is linked below, to assist you in writing down what you would like to accomplish in 2016. All of us at Mulcahy Law Firm, P.C. want to thank you for your [...]
By Beth Mulcahy, Esq. 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 [...]
By Beth Mulcahy, Esq. A position on the board of directors is voluntary, but most newly elected board members want to do their best and start off on a good footing so they often ask me, “What are the most important things a new board member should do?” I have narrowed it to three important tips, and would advise seasoned [...]
By Beth Mulcahy, Esq. Mulcahy Law Firm, P.C. is often asked by community association boards what is the “secret sauce” for creating successful and productive boards. Over the past 19 years of working with associations, I have noticed that successful boards do the following (among other things): Follow the Law and Association Documents A hierarchy of state and federal statutes [...]
by Beth Mulcahy, Esq. It is sometimes a thankless job, and may go unnoticed if the association has a very active and robust President. However far in the background, the Vice President plays an important role for the community association board of directors. The immediate answer when asked what the vice president does is to substitute for the President in [...]
By Beth Mulcahy, Esq. Should associations implement greater measures to protect association members and association property? We see ever increasing acts of violence and vandalism, so are security cameras the answer? In Martinez v. Woodmar IV Condominiums Homeowners Association, Inc., 189 Ariz. 206, 941 P.2d 218 (Ariz. 1997), the guest of a tenant of a unit owner was injured in [...]
Meeting minutes are the association’s only official record of its board, committee or membership decisions and actions; therefore, it is important that they be handled properly. Roberts Rules of Order states that “minutes contain mainly a record of what was done at the meeting, not what was said by the members.” In other words, record only actionable items, not discussions. [...]
