I recently received a question at a seminar I was teaching regarding the hiring of vendors. An association was having difficulty finding a licensed and bonded painter to paint the exterior of all the buildings at the association and was considering hiring an unlicensed or bonded painter to do the work. The association was thrilled about the lower cost, but, [...]
Our firm recently received the following question at a free virtual class we were teaching… “We have a candidate running for our Board who previously served on the Board. This candidate was asked to leave the Board at that time for engaging in unprofessional behavior. What can we do if this person is elected to ensure that the new director [...]
It is common for associations to create community engagement events where they seek volunteers to participate in bettering the community - especially at this time of the year when associations have spring cleaning on their mind! Such “boots on the ground” projects in which associations may look for volunteers include painting curbs red, community clean-up, or planting of new flowers [...]
Question: We have a resident that has their casita and home on VRBO and Airbnb as a short term rental despite the fact that short term rentals are against our association’s CC&Rs. He has received notice and is now being fined, however refuses to pull the listing. Does our HOA have any legal actions we can take against the homeowner? [...]
Short-term rentals continue to be a hot button topic in Arizona, and throughout the Country. A recent opinion from the Texas Court of Appeals, Duncan v. Prewett Rentals Series 2 752 Military, LLC, No. 03-21-00244-CV (Tex. App. Aug. 19, 2022), contemplated whether a short-term rental, by operation of its use as a “party house” violated the private residential use restriction [...]
With the Super Bowl being hosted in Glendale, Arizona in February, 2023, a significant increase in short-term rental activity is expected throughout the Valley. On March 30, 2022, Governor Ducey signed SB1168, which impacts both Planned Communities and Condominiums, and places significant regulations on short-term rental properties. Please follow this link for the full details regarding SB1168: https://www.mulcahylawfirm.com/sb1168-vacation-rentals-short-term-rentals-enforcement/ In addition [...]
Before an Association can turn a file over to a law firm for collection of delinquent assessments from an owner, Arizona law requires the following: 1) The Association must provide the owner a letter with thirty-day notice before transferring the file to a law firm; 2) The letter must state “Your account is delinquent. If you do not bring your [...]
When an owner or member makes a records request it is important to act quickly. Once an owner or member makes a records request, Arizona law requires that all financial and other records of an association must be made reasonably available for examination by any owner or member within 10 business days from the date of receipt of the request [...]
Pets are like members of the family, so any type of HOA restriction that places limitations on an owner’s right to keep his/her pets within the home can be met with serious resistance. Breed specific restrictions, which are a subset of pet restrictions, are also very controversial. In the context of a Condominium, certain breeds may be restricted based on [...]
On March 30, 2022, Governor Ducey signed SB1168: VACATION RENTALS; SHORT-TERM RENTALS; ENFORCEMENT; HOAs into law which amends the Condominium Act and Planned Communities Act (A.R.S. Section 9-500.39 and 11-269.17, Repealing Section 42-1125.02, Section 42-5042, Relating to Vacation Rentals and Short-Term Rentals). This new law applies to planned communities and condominiums and will become effective on September 24, 2022. Set [...]
