By Beth Mulcahy, Esq. Last week, I discussed “Disclosure Fees” under Arizona law. This week we will be discussing “Transfer Fees” which are distinctly different that disclosure fees. A “transfer fee,” on the other hand, is paid to the association for a specified purpose, such as funding the association’s reserves or contributing to the association’s working capital fund. Transfer fees [...]
By Beth Mulcahy, Esq. An association may charge a “disclosure fee” to compensate the association for the costs incurred in the preparation of a disclosure statement furnished by the association pursuant to A.R.S. Section 33-1806 (planned community)/33-1260 (condo). Requirements for a Disclosure Statement A brief summary of the requirements for a disclosure statement pursuant to these sections follows: For planned [...]
By Beth Mulcahy, Esq. Over the past few years, our firm has heard horror stories from association boards and residents regarding owners, residents and vendors speeding and/or failing to obey traffic signals on association streets. Drivers who do not obey the speed limit within an association are a growing problem for community associations. Association residents want to feel safe in their [...]
By Beth Mulcahy, Esq. Dog barking in associations and complaints by the surrounding owners are a common problem in community associations. Police state that barking dogs rank as one of the highest number of complaints they receive. Set forth below are tips and ideas that might help quiet the neighborhood: Contact Dog Owner: The complaining parties should contact the dog’s [...]
By Beth Mulcahy, Esq. Is your Association Interviewing Management Companies? If so, here are some great questions to ask during the interview process: Management Office: What is the general appearance of the Corporate Office? What are the hours of operation? What is the age and experience of the firm? What is the experience of the managers and staff? Does the [...]
By Beth Mulcahy, Esq. As you may know, in 2013, the State of Florida adopted a new law that requires board members to follow certain “certification procedures”. Under Florida’s law, within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the [...]
By Beth Mulcahy, Esq. Yes, I do! Here are a few of our firm’s suggestions on how to increase attendance at an Annual Meeting. ♦ Announce the annual meeting date, time, and location in as many places as possible ♦ Plan and publicize a social event after or before the meeting and include food ♦ Give away door prizes or [...]
By Beth Mulcahy, Esq. Our Association Has Trouble Getting Owners to Attend Our Annual Meeting. Do you have any Tips on How to Increase Attendance? Yes, I do! Here are a few of our firm’s suggestions on how to increase attendance at an Annual Meeting. ♦ Announce the annual meeting date, time, and location in as many places as possible [...]
By Beth Mulcahy, Esq. Over the past several years, there have been articles on national and state levels regarding whether or not an owner can display a flag on his/her/their property in an association. Arizona law is quite clear on this issue. Pursuant to Arizona law (A.R.S. Section 33-1808 (A) and (B) for planned communities and 33-1261 for condominiums), an [...]
By Beth Mulcahy, Esq. During the Summer months, there are occasionally emergencies (such as flooding or monsoon/microburst damage) that require immediate board action. In these circumstances, the board can suspend the 48 hours notice of meeting to the membership required by Arizona law and conduct an emergency board meeting. Under Arizona law (A.R.S.33-1804 and condo A.R.S. 33-1248), an emergency meeting [...]
