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 [...]
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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 [...]
1. The Arizona Open Meeting Law A.R.S. 33-1804 / Condo A.R.S. 33-1248 Pursuant to Arizona law, all meetings of an association, board of directors and regularly scheduled committee meetings are required to be open to all association members or their representatives (who have been designated as such in writing) and held in the State of Arizona. Members or their designated representatives are [...]
Theft of Association Funds Theft of association funds is unfortunately becoming common in community associations. Arizona newspapers have reported in the past few years misappropriation of funds by a management company, the unexpected closure of a small management company after individuals absconded with funds from several associations and a manager taking a million dollars from an association. If you have [...]
Code of Conduct Overview An association board of director’s code of conduct explains the expectations of board members with regard to ethical rules and procedures, standards of behavior and professional conduct while they serve as a director for their association. The code may be necessary because of director’s diverse work experiences, personalities and reasons for serving. A code of conduct [...]
AN OVERVIEW OF THE SELF-MANAGED COMMUNITY ASSOCIATION A community association is a nonprofit corporation, a business that is governed by federal law, nonprofit corporation law, Arizona State statutes and the governing documents of the association. The volunteer board of directors has fiduciary duties to the association and a responsibility to protect the assets of the association. It is important to remember that self-managed and professionally [...]
Technology and Community Associations Technology is an important part of our day to day lives. There are increasingly more technological advances available to community associations. The Arizona legislature has included the use of technology into new state laws. Online voting, association websites, online payments and virtual meetings have been created to make information, communication and accessibility easier for the association [...]
STATE LAWS THAT APPLY TO OFFICE CONDOMINIUMS Arizona Nonprofit Corporation Act: A.R.S. Sections 10-3101 through 10-11909 All associations that are incorporated as Nonprofit corporations are subject to the Arizona Nonprofit Corporation Act. The Arizona Nonprofit Corporation Act contains extensive provisions governing the formation and operation of Nonprofit corporations. These provisions are usually “gap fillers” and apply only if the association’s articles of incorporation or [...]
SPEEDING IN ASSOCIATIONS Over the past few years, our firm has heard horror stories from association boards and residents regarding owners, residents and vendors speeding and/or failing to obey traffic signals on association streets. Drivers who do not obey the speed limit within an association are a growing problem for community associations. Association residents want to feel safe in their front [...]
Solar Energy in Arizona Community Associations Arizona law favors the use and enjoyment of solar energy devices by owners in a community association. Any Arizona association that is considering denying an owner’s request for a solar energy device on that owners property should discuss the denial with their legal counsel prior to denying an application. What Qualifies as a “Solar [...]