Insurance Overview Protecting the community association and board of directors requires a close look at insurance coverage and risk to prevent the coverage gaps that only become obvious after a loss or lawsuit and there is no payout. Insurance Coverage for Community Associations Directors and Officers Liability Coverage (D&O): Typically covers the board of directors. Common claims include the board’s [...]
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Working with Rental Properties Over the past few years, there has been a dramatic increase in the number of rental properties in Arizona, including short-term/vacation rentals. Sometimes an association’s board or manager frequently contact legal counsel for assistance in dealing with tenants who do not comply with the governing documents. The short-tern/vacation rentals present a unique enforcement challenge due to [...]
Community Association Management Community associations throughout Arizona are managed by three types of management; self-management, an association with paid staff and a community association management company. Many associations choose to hire a management company and then rely on that management company to handle the day to day operations of the association. It is important to note that currently there are [...]
Dealing with a Bully in a Community Association Most members in an Association understand that rules and social decorum dictate how they are to interact with Board members, Association employees, and other members. However, there are a small percentage of people that do not abide by rules and social decorum and they are always looking for a fight. These people [...]
Annual Meetings Must be Held Once a Year Under Arizona law, A.R.S. Section 33-1804(B) and 33-1248(B) an association must conduct an annual meeting of its membership at least once a year. Conducting a successful annual meeting requires knowledge of the association’s documents, planning, organization, preparation and execution of the plan. Meeting Requirements and Purpose Requirements for an Annual Meeting Typically, [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]