There is a push at the State Legislative where leaders are moving quickly to end the 2015 session by Thursday night, April 2, 2015. This could mean HB2614, Planned Communities: Architectural Review may not be addressed. The Senate President and House Speaker decided to move toward adjournment before the Easter weekend starts Friday. If the Legislature adjourns it would be [...]
Hello Cyber Followers: As anticipated SB1091, was signed by Governor Ducey on March 30, 2015. At this point it is unclear as to what will happen with HB2614, Planned Communities; Architectural Review. Bills signed by the Governor this spring will become law 90 days after the close of the legislature. To remind, our Legislative Summary is located on our website [...]
by Beth Mulcahy, Esq. Question: Our association is about to transition from developer to owner control. Do you have any advice on this process? Answer: Yes, I do! Our firm has successfully helped numerous associations through the transition process. Transition from developer control occurs when control of the association shifts from the developer to the owners. The transfer of control [...]
Hello Cyber Followers, It was an active day in the Arizona Legislature yesterday. Both SB1452 and SB1453 bills failed yesterday 42-18 in vote of the House. Thank you for your help in contacting legislators regarding SB1452 and SB1453. SB1091 and HB2614 status has not changed as of this morning. We will continue to closely watch SB1091 and HB2614 for the [...]
Dear Cyber Followers: Today is going to be an exciting day in the Arizona State Legislature! The House will be voting on the fate of SB1452 (CONDOMINIUMS AND PLANNED COMMUNITIES, CONFLICT OF INTEREST, BOARD REMOVAL PROCESS) and SB1453 (CONDOMINIUMS AND PLANNED COMMUNITIES; ENFORCEMENT, ELECTIONS, AND MEETINGS). We will notify you of any developments on these two important bills for our [...]
Dear Cyber Followers: As you may know, the Arizona Legislature is very close to ending its 2015 session. The House will be voting on Monday, March 30, 2015 regarding the fate of SB1452 and SB1453. In my opinion, there are aspects of each bill that will be detrimental to community association governance. For example, SB1452 states that once a director [...]
Hello Cyber Followers: The legislature is headed toward adjournment and things are moving at the speed of light… The following bills have been signed into law by Governor Ducey: HB2032 (Office of Administration Hearings; Construction) – signed 3/17/15 HB 2084 (Condominiums; Planned Communities; Associations; Disclosures) – signed 3/17/15 HB 2578 (Planned Communities, Condominiums Construction Defect Claims) – signed 3/23/15 The [...]
Hello Cyber Followers: We are hearing from legislative insiders that the members of the legislature would like to close this session by the first week in April, 2015. Things seem to be coasting regarding bills affecting community associations. We have no changes to our summary from last week. However, we are watching HB2578 (Planned Communities, Condominiums, Construction Defect Claims), SB1091 [...]
Things at the Arizona legislature are heating up! Two bills (HB2032 and 2084) have been signed by The Governor. The remaining 5 bills regarding community associations are on the one yard line getting ready for a vote today or very likely later this week. We are keeping close track of these proposed bills and will notify you of any developments. [...]
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; [...]
