As you may already know, on July 16, 2013, a lawsuit was filed seeking a declaratory judgment regarding whether Senate Bill 1454 enacted by the 2013 Arizona Legislature is unconstitutional. The portions of SB1454 that apply to associations are the following: a municipality or planning agency cannot require a planned community as part of a zoning ordinance or subdivision regulation, [...]
Are you dealing with a green pool or have a neighboring pool that has turned green due to lack of care? Pools filled with algae, “green swimming pools”, can breed mosquitoes that transmit diseases such as West Nile virus. Report a green pool to Maricopa County Environmental Services at: 602.506.0700, or www.maricopa.gov/wnv Tips for keeping pools clean: • Make sure [...]
By: Beth Mulcahy, Esq. Our firm often receives questions regarding reserve funds. The most commonly asked questions are the following: how much should we have in our reserve fund and is a certain percentage appropriate? The answer depends on the amenities your association has and the quality of the items being replaced or the type of maintenance necessary to keep [...]
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 [...]
by Beth Mulcahy, Esq. 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 recorded properly. The Nonprofit Corporation Act at A.R.S. Section 10-11601 states a corporation shall keep as permanent records minutes of all meetings of its members and board of directors, a record of [...]
By Beth Mulcahy, Esq. With everyone multitasking these days time is stretched among school, activities for the children, personal time and professional responsibilities; however, the community association still needs volunteers for the board of directors. It is a reoccurring question asked of our firm. What do you do when no one volunteers for the board? The association’s CC&Rs require the [...]
By Kristen L. Rosenbeck, Esq. In preparing for your community association’s upcoming annual meeting one of the most important things to do is to closely review the association’s governing documents (CC&Rs, Bylaws, Rules) to determine if there are any mandatory requirements for the annual meeting of the membership. If the association’s governing documents (likely the Bylaws) require the election of [...]
The beginning of the New Year is a good time to review the association’s insurance policy to confirm that coverage suits the association’s needs. In fall 2012, the Massachusetts Court of Appeals found that a broken pipe under the basement slab of a unit that caused the slab to sink several inches was not covered by the association’s insurance policy. [...]
Board members often tell Mulcahy Law Firm, P.C. it is the most difficult duty they have to oversee, the collection of association assessments, and dealing with the delinquent owner compounds the difficulty. However, allowing delinquent assessments amounts to increase without action, gives the association membership the impression that delinquencies will not be pursued and that there is little to no [...]
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 [...]
