by Beth Mulcahy, Esq. Happy New Year! We hope that you and your association have a great 2015! As you may know, the Arizona Legislature starts the Fifty-Second First Regular Session on Monday, January 12, 2015. Our firm anticipates that there will be numerous community association bills introduced this legislative session. We will keep you in the loop and informed [...]
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 [...]
Hello Cyber Followers! We are simplifying our Mulcahy Law Firm, P.C. blogs! Effective immediately, our “Legislative Update Blog” has been consolidated with our Mulcahy “Answers Blog” so that you only have one place to look for “Answers” for your community association questions. As usual, while the Arizona legislature is in session we will be posting updates on our “Answers Blog” regarding [...]
By Beth Mulcahy, Esq. In my opinion, the best way to get a tenant to comply with the documents is to aggressively pursue the owner for the tenant’s violations. Most association documents state that a landlord/owner is responsible for the behavior of their tenants and guests. Once the landlord/owner figures out that the tenant is starting to cost the landlord/owner [...]
By Beth Mulcahy Esq. Question: Our association has an owner who requests to review records on a monthly basis. This is starting to become a pain and it requires a lot of time. What are our responsibilities under Arizona law to provide these records to this owner? Pursuant to A.R.S. 33-1805 (Planned Community)/ A.R.S. 33-1258 (Condo), all financial and other [...]
By Beth Mulcahy, Esq. As many of you know, our firm has been closely following the lawsuit entitled Russell v. State of Arizona, CV2014-093052, for the past 8 months. This lawsuit challenged the constitutionality of SB 1482 (Omnibus bill) which became law on July 24, 2014. On November 14, 2014, Judge David Udall granted the State of Arizona’s Cross Motion [...]
by Beth Mulcahy, Esq I am often asked the following question… “What makes a community manager a superstar?” I have been fortunate to work with numerous exceptional managers in Arizona. Here is a short list of the qualities of a great community manager: Communicate: —Listen to homeowners who have concerns or problems with the association; —Return/respond to phone calls/e-mails within [...]
By Maureen Connolly, Esq. Is it the homeowners association’s job to prove there is no discriminatory intent when its architectural committee denies a request to accommodate a disability? A recent opinion from the Unites States Court of Appeals for the Sixth Circuit applied another rule when a homeowner brought a Fair Housing Act Claim for Reasonable Accommodation. In Hollis [...]
By Beth Mulcahy, Esq. Board meetings are typically not well attended. Everyone is busy, so the association board meeting is often low on the "to-do-list" because it takes too much time. Don’t let the long drawn-out board meeting filled with trivia be the reason your association members do not attend. Making your board meeting an efficient business meeting in an [...]
By Beth Mulcahy, Esq. I suggest that association board members check their documents (i.e. CC&Rs, bylaws or articles of incorporation) to determine if there is a restriction on the association’s president regarding voting at board meetings. Most documents are silent on this issue, so there is typically no restriction on a president’s right to exercise his/her right to vote on [...]
