Plan And Prepare For A Board Meeting Plan: Planning takes time, but planning will ultimately save time, leading to better-informed and prepared boards resulting in smoother meetings. Determine the best meeting time: Take into account the schedules of board members and association residents and then choose morning, afternoon, evening or a combination to obtain optimum attendance. Prepare the agenda: A properly planned agenda will provide [...]
DISCLOSURE FEES & TRANSFER FEES ARE DIFFERENT There is confusion in the community association industry regarding the difference between a “disclosure fee” and a “transfer fee”. Mulcahy Law Firm, P.C. is frequently asked whether an association can charge a disclosure fee and/or a transfer fee, and, if so, how much. This cheat sheet will explain the differences between disclosure fees and transfer fees [...]
Community Association Records and Documents As a nonprofit corporation, the board of directors has a duty to maintain the association’s books and records. Pursuant to A.R.S. Section 10-11601, Corporate Records: 1. A corporation shall keep as permanent records minutes of all meetings of its members and board of directors, official recordings of all meetings if applicable, a record of all [...]
Introduction National and local news occasionally cover the stories of disgruntled homeowners who act out violence in associations. Difficult people and the disgruntled homeowner or board member should be dealt with very carefully to protect all involved. Communication is the key to averting problems. Dealing with Conflicts During a Meeting Name calling, interrupting and personal attacks should be prohibited at [...]
Numerous books and lectures have covered the topic of how to successfully negotiate. In a community association setting, the process of negotiating can take several forms – negotiating the terms of a contract with a vendor, negotiating a settlement with a homeowner, negotiating community strategy amongst the board, etc. If you listen to the experts, you’ll notice several common themes, [...]
A Proactive Approach to Collecting Delinquent Assessments For over 25 years, Mulcahy Law Firm, P.C. has successfully collected delinquent assessments from owners on behalf of the associations we represent. We are often asked what the “secret” to effectively assessment collection is. This Cheat Sheet shares our secrets. Please contact Beth Mulcahy, Esq., or anyone on the Mulcahy Law Firm, P.C. [...]
Enforcement A recurring problem in community associations is owner compliance with the governing documents. An important component in the enforcement process is communication between the association and its membership. The Association should have copies of all governing documents, which include the architectural guidelines, rules and regulations, articles of incorporation, bylaws and the CC&Rs readily available on the association's website. Steps [...]
According to the 2015-2016 APPA National Pet Owners Survey by the American Pet Products Association, the number of households in the United States that have at least one pet was 79.7 million or approximately 65% of the households in the United States. With this high percentage of households owning pets, it is no surprise that pets are a hot topic [...]
In addition to state laws, a community association must also comply with federal laws pertaining to community associations. Set forth below is a summary of important federal laws for community associations. Americans with Disabilities Act (42 U.S.C. 12101 et. seq.)(“ADA”) The ADA is a civil rights law that prohibits discrimination in places of public accommodation based on disability. Typically, community [...]
How to Prioritize "Urgent" and "Important" Tasks A very common complaint that our law firm hears from association board members is that the board never accomplishes anything. Some boards complain that they spend a majority of their time “firefighting” maintenance issues and dealing with angry or litigious homeowners. That being said, many boards never spend time thinking about strategic long-term [...]
