Hot off the press and within hours of the ink drying on Governor Ducey’s most recent Executive Order, this Mulcahy Cheat Sheet will: (1) simplify and make Governor Ducey’s recent Executive Order easy to understand; (2) help your association make the best possible decisions as you re-open (or chose to not reopen) common areas; and (3) limit the liability of [...]
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Board Meetings During the COVID-19 Pandemic Like it or not, the COVID-19 pandemic is changing how Arizona planned communities and condominiums conduct business. Due to Governor Ducey’s “Stay Home” Order and CDC social distancing recommendations, in-person board meetings are no longer recommended at this time. However, Arizona planned communities and condominiums are still obligated to comply with the Arizona Open [...]
Using the DISC Personality to Help Your Association Get Along and Get things Done! DISC® is the leading personal assessment tool used by over 1 million people every year to improve work productivity, teamwork and communication. The DISC profile is a non-judgmental tool used for discussion of people's behavioral differences. If you participate in a DISC program, you'll be asked [...]
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, which [...]
Unfortunately, the majority of media coverage involving community associations is negative. With that in mind, it is important for your community to be prepared in the event that the media contacts the board and/or is covering a story involving the community. The two most common scenarios where a community association will receive media coverage are (1) a conflict with a [...]
The Arizona Legislature opened the Fifty-fourth Second Regular Session on January 13, 2020. However, due to the unprecedented COVID-19 pandemic, the Legislature adjourned on March 23, 2020. Prior to adjourning, the Legislature approved a $50 million coronavirus relief package and a basic budget. Several bills impacting community associations were introduced early-on in the Legislative Session (summary of pending Bills below). [...]
2019 Arizona Legislative Update Regarding Community Associations The Arizona Legislature adjourned on May 28, 2019. The effective (or start) date for all bills signed by Governor Ducey is August 27, 2019, unless otherwise specified. SUMMARY OF SENATE BILL 1531 - HOAs; Assessments; Costs The law amends ARS 33-1256 and ARS 33-1807 and therefore applies to both condominiums and planned communities. It [...]
There are thousands of community associations in Arizona today. Characteristics of a Community Association All owners become members of a community association when they accept a deed to a lot/unit located in a community association. The governing documents (i.e. CC&Rs, articles of incorporation, bylaws and rules and regulations) create obligations on the part of the homeowners and the community association. [...]
Trustee’s Sale If an owner becomes delinquent on his/her mortgage or deed of trust, the deed of trust company may initiate foreclosure proceedings on the owner’s property by noticing a Trustee’s Sale. Secure the association’s interests: A lien places the Trustee on notice of the association’s interests, so the association will receive notice of the Trustee’s Sale and notice of [...]
Transition From Developer Control Transition from developer control occurs when control of the association shifts from the developer to the owners. The transfer of control can occur in several ways. However, the most common method is a weighted voting approach whereby the membership voting ratio is arranged so that the developer will transfer control to the association after a specific [...]