Beginning on July 3, 2015, pursuant to A.R.S. Section 10-11622(B), all condominium and planned community associations are required to file contact information with the Arizona Corporation Commission (ACC) instead of recording that information with the county in which the association is located. Understandably, this new law has many associations wondering how and when to submit this information. Here's some additional [...]
Board members often tell Mulcahy Law Firm, P.C. that collecting delinquent assessments is one of the most difficult duties they have to oversee. This blog will provide a few quick tips to help boards more effectively collect delinquent assessments. First, the board must take prompt action on delinquent accounts if the board wants to have a low delinquency rate. If [...]
Did You Know? What is the Difference between an Audit, Review and a Compilation? Under Arizona law (ANNUAL AUDIT A.R.S. 33-1810 / CONDO A.R.S. 33-1243) a board of directors is required to conduct an annual financial audit, review or compilation of the association’s books. The annual audit, review or compilation must be completed no later than 180 days (6 months) [...]
This Association is having to ask its homeowners for a huge dues increase to help pay for maintenance in the community that has been neglected for years. Sudden Valley residents split over big dues increase Here are our Quick Tips for the Annual Budgeting Process that will make sure your board is assessing the current and future needs of the [...]
“The bylaws are formally adopted regulations for the administration and management of a community association. bylaws address such topics as: 1) Requirements for membership in the community association. 2) Requirements for membership meetings. 3) Voting rights of member owners. 4) Procedures for electing the board of directors; 5) Qualification of directors. 6) Procedures for the board of directors to elect [...]
It has happened; there are funds missing from the checking account. Figures do not line up and you cannot get in touch with anyone. The board always sees a financial statement at each board meeting, so what went wrong? Any organization that believes it is immune from the fraudulent use of funds is destined to become a victim. Mulcahy Law [...]
http://www.contracostatimes.com/breaking-news/ci_28954784/solar-panels-getting-cool-reception-from-homeowners-associations This article posted this week regarding Solar Panels in Community Associations brings up a very common question that I receive from planned community boards: “Can we prohibit owners from installing solar panels on their Lot?” The short answer is “no”. Arizona law, specifically, Arizona Revised Statute Section 33-1816 of the Planned Community Act, addresses installation of solar panels or solar [...]
With the monsoon season officially over for 2015 and our extreme heat hopefully behind us, we probably don’t have to think about what we would do if a flood or dust storm would hit our neighborhood for at least the next 8 months (hopefully!!). But maybe it is a good time to put a plan in place for your Association [...]
I love Halloween! It is one of my favorite holidays of the year. It’s only October 9th and I have already placed colored lights outside and have decorated our front door with a banner, scary door hanger with noises, ghost figurines, pumpkins and a black cat. I’ve already made scary cupcakes. My children (ages 7 and 8) love all the [...]
You may have seen this story over the last week about the Utah woman fighting her HOA on the fines they were assessing her for flying her American flag. The situation got so heated with other residents joining the fight that the HOA President has now resigned. Murray American flag fiasco dies down as HOA president resigns It is unfortunate [...]
