By Beth Mulcahy, Esq. I drive all over the Valley to attend community association board meetings. Since 2008, development in the Valley came to an abrupt halt. However, over the summer, I noticed that residential development is back in full force in Arizona. It is common now to see residential construction and new associations are popping up again all over [...]
Beth Mulcahy, Esq. A very common question that I receive from planned community boards is: “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 energy devises in a planned community and sets forth [...]
by Beth Mulcahy, Esq. Happy New Year! On behalf of everyone at Mulcahy Law Firm, P.C., I would like to wish you all the best in 2014. Over the holidays, I was able to spend more time than usual at home and realized that I needed to do some editing and tossing of personal records, clothes that don’t fit our [...]
It is said that beauty is in the eye of the beholder, but is the definition of a ‘pet’ also in the eye of the beholder? Associations are now faced with that question when it comes to whether Owners are allowed to keep free range chickens on the property. It is becoming more common for individuals in urban areas to [...]
Most of us associate ‘Holiday Light Displays’ around Christmas time. Many Associations have Rules and Regulations regarding ‘Holiday Lights,’ which I imagine I will be discussing here again in December. However, what do you do if your neighbor thinks ‘Holiday Light Display’ applies for Halloween? Personally, I think the thought of a ‘Halloween Light Display’ sounds much more intriguing and [...]
A Pennsylvania Association made the news for changing the Association’s ‘Pet Policy.’ The Association’s Bylaws previously allowed each Owner to have two dogs, but the Bylaws were amended so that each Owner can only have one dog. Currently, Owners in violation are receiving heavy fines. Also, according to the article, some Owners are refusing to give up a pet. The [...]
As you may know a lawsuit was recently filed by Plaintiffs George K. Staropoli and William M. Brown against the State of Arizona seeking a declaratory judgment that portions of SB 1454 (related to community associations) violated the Arizona Constitution. As it turned out, this lawsuit drastically impacted Legislation regarding community associations. As you are probably aware the portions of SB1454 that apply [...]
Mortgage rates are not the only thing in real estate that is going up--For Sale signs are going up and they are here to stay. This month the Arizona Court of Appeals made a unanimous ruling that stated the provisions of Arizona’s Planned Community Act (Section 33-1808) regarding For Sale/For Rent signs trump any contrary provision in the Association’s governing documents. [...]
Amending an association’s Declaration can be a daunting task if you don’t have a strategy in place. If you are thinking of amending your association’s Declaration, the plan below will provide a strategy to help make the process easier. Also, if you have specific questions, the Mulcahy Law Firm would be happy to assist. 1. Requirements to Amend Almost always, [...]
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, [...]
