HB2301, which amends A.R.S. Section 33-1808 of the Planned Communities Act and A.R.S. Section 33-1261 of the Condominium Act was signed by the Governor on 04/17/2023. This new law will allow a community association to prohibit a person who is not accompanied by an Association unit owner or resident from entering the Association premises if the Association restricts vehicular and/or [...]
HB2607, which amends A.R.S. Section 33-1813 of the Planned Communities Act and A.R.S. Section 33-1243 of the Condominium Act was signed by the Governor on 05/01/2023. This new law strictly penalizes a board of directors for failing to comply with timely noticing a board removal meeting. A.R.S. Section 33-1813 of the Planned Communities Act and A.R.S. Section 33-1243 of the [...]
SB1049, which amends A.R.S. Section 33-1808 of the Planned Communities Act and A.R.S. Section 33-1261 of the Condominium Act was signed by the Governor on 03/30/2023. This new law will prohibit community associations from prohibiting “[a]ny historic version of the American Flag, including the Betsy Ross Flag, without regard to how the stars and stripes are arranged on the Flag.” [...]
As we step into the season of festivities, we have a couple questions for you: Has your association adopted a holiday decoration policy? And does that policy encompass Halloween decorations? We've already seen some great Halloween displays making headlines on the news! From the eerie to the extravagant, it's clear that the spirit of Halloween is alive and well. For [...]
Pursuant to Arizona law (Planned Communities Act A.R.S. Section 33-1805 and Condominium Act A.R.S. Section 33-1258), community associations are required to make all financial and other records of the association reasonably available for examination by a member or a member’s designated representative. Records requests are frequently made in connection with a dispute with an owner, and oftentimes those requests may [...]
Mulcahy Law Firm, P.C. was recently contacted by a condominium Board grappling with a perplexing issues – an owner’s unattended vehicle, left idling for an extended period of time in their underground parking garage. The association reported that the car had been left for over 20 hours, and attempts to contact the owner were unsuccessful. While this may appear to [...]
Insurance policies can be convoluted and confusing. Diligently reviewing your community association’s insurance policy to ensure that coverage (1) meets the minimum requirements imposed by the Governing Documents and/or applicable Arizona law (specifically as to Condominiums); and (2) meets the Board’s expectations, is vital. In Dollar Point Association, Inc. v. United States Liability Insurance Company, No. 2:22-cv-0995-KJN (E.D. Cal. May [...]
As evidenced by the rampant door-to-door solicitations, Arizona solar companies are becoming more and more prevalent. Arizona law (and the Arizona weather) favors the use of solar energy devices by homeowners within community associations. In fact, pursuant to A.R.S. Section 33-439(A), “[a]ny covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or [...]
Virtual board and annual meetings have become commonplace in the post-pandemic world. But, what happens when a homeowner doesn’t want virtual meetings and demands that the association hold in-person board or annual meetings? Homeowners may prefer in-person meetings for several reasons, including limited technology or simply missing in-person interaction. However, most boards agree that there are many benefits to virtual [...]
When it comes to community associations, no news is good news. Unfortunately, when community associations do make the news, the media coverage they receive is often negative. Below are some tips to follow if your association is contacted by the media. Contact your community association attorney! Your attorney can help develop a strategy and assess the issues’ merits. Designate a [...]
