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 [...]
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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 [...]
There is no special formula or “secret sauce” I can give you to have a successful association. It really depends on a number of different things– strong and effective leadership by a board, good communication with your members at all times, being aware of and following the law and your corporate governing documents and having an outstanding team to guide [...]
A Proactive Approach to Collecting Delinquent Assessments For over 20 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. [...]
The Community Association President an Overview There are thousands of community associations across Arizona and every one of them, run by volunteers is viewed by the courts, the IRS and vendors as a business enterprise. Their primary purpose is the maintenance, protection, preservation and enhancement of the community’s assets that can be valued in the millions of dollars. At the [...]
Reserve Funds for Community Associations Currently, Arizona law does not require a developer or an association to create and fund reserves for a community association (however, some association documents may require this). Adequate reserve funding is in the best financial interest of the association. Reserve funding allows an association to provide for the repair, maintenance and replacement of the association’s [...]
The High Cost of Crime for Community Associations According to the United States Department of Justice, a property crime is committed every three seconds, a burglary takes place every twelve seconds, a motor vehicle is stolen every twenty seconds and a murder occurs every twenty-three minutes. Unfortunately, these statistics affect every segment of our society, including community associations. Increased crimes [...]
PLANNING A BOARD MEETING CHECKLIST Plan:Planning will take time, but it will ultimately save time and will lead to better-informed and prepared boards and 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. Adopting a regular meeting location and time will [...]
Communicate: Listen to homeowners who have concerns or problems with the association; Return/respond to phone calls/e-mails within 24/48 hours (if possible); Notify the board immediately regarding important information about their association; and Apologize and make the necessary corrections when mistakes happen. Give a weekly update to (email every Friday) to board members on accomplishments for each week Oversee Maintenance and [...]