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 [...]
On March 30, 2022, Governor Ducey signed HB2010: FLAGS; HOAs into law which adds a new section to the Planned Communities Act (A.R.S. Section 33-1261 and 33-1808). This new law applies to both planned communities and condominiums and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.'s easy to understand explanation of the new [...]
On March 30, 2022, Governor Ducey signed HB2158: POLITICAL; COMMUNITY ACTIVITY; HOAs into law which amends the Condominium Act and the Planned Communities Act (A.R.S. Section 33-1261 and 33-1808). This new law applies to planned communities and condominiums and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.'s easy to understand explanation of the [...]
On August 22nd, a horrific shooting in Atlanta, GA took the life of a community manager and injured the building engineer at 1280 West Condominium. Mulcahy Law Firm, P.C. offers its most sincere condolences to the colleagues and family of community manager, Michael Shinners, and we wish the building’s engineer a full recovery. Although law enforcement has not yet revealed [...]
Most Planned Community Governing Documents include restrictions regarding the types of permitted vehicles and where those vehicles may be parked/maintained. However, the Arizona Legislature carved out specific exceptions for certain emergency response vehicles. Pursuant to ARS Section 33-1809[1], Notwithstanding any provision in the community documents, an association shall not prohibit a resident from parking a motor vehicle on a street [...]
Self-help, which typically means a community association's right to cure a violation on a lot/unit, is somewhat of a controversial legal remedy. The authority to exercise self-help, circumstances under which self-help is allowable and/or advisable, and the proper protocol (i.e., procedure, notice, etc.) are all dependent upon the provisions in the governing documents. However, if your community is considering exercising [...]
According to CNBC, as of July 12, 2022, inflation in the United States reached a staggering 9.1%. Citizens throughout the United States are experiencing steep price increases in almost every aspect of their daily lives. For example, grocery bills have gone up significantly and the price of gasoline has almost doubled. Businesses such as planned communities and condominiums are also [...]
Governing Documents commonly include a provision that the Board and/or Architectural Committee have a certain number of days to render a decision on an architectural application (e.g. 45 days from the date that the application is received), and failure to render a decision within that timeframe results in the application being considered approved. The Court of Appeals of Kentucky, in [...]
