The Fifty-fifth First Regular Session started on Monday, January 11, 2021 and is scheduled to adjourn on April 24, 2021. It’s been an interesting year at the Arizona Legislature so far! This session has been dominated by adoption of the budget and COVID-19/politically-charged issues. Yesterday, the Arizona legislature sent Senate Bill 1377 to Governor Ducey to sign. This bill will [...]
An owner in our HOA wants to place solar panels on the roof of their home. Does our board have to allow this? Short Answer: Likely, yes. However, the owner still must comply with any architectural approval requirements in the association’s documents. Long Answer - here’s a quick recap of the law: Arizona Revised Statute Section 33-1816 (the Planned Communities [...]
The 2021 “virtual” Arizona Legislature is in full swing and many bills have been introduced already in this session. Short term rentals are a hot topic for HOAs/condos in Arizona. Below is a brief summary of three pending bills in the Arizona legislature on short term rentals. It is expected that aspects of each of these pending bills will be [...]
Many Arizona residents own firearms and are permitted to carry them in public places with the proper permits. But do those permits apply to common areas in a homeowners association? Does the Board of Directors of a homeowners association have the power to restrict or prohibit firearms in common areas? The Board does have the authority to prohibit firearms in [...]
In what will assuredly be a contentious election year, it is important for community associations to be knowledgeable and cognizant of relevant statutes regarding political signage/activities. ARS Sections 33-1261 (Condominiums) / 33-1808 (Planned Communities) severely limit a community association’s power to restrict/prohibit political activities, including: • Associations shall not prohibit the indoor or outdoor display of a political sign by [...]
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. [...]
Short term rentals are becoming more and more popular, especially in Arizona. Pursuant to ARS 33-1260.01(A) / 33-1806.01(A), “A member may use the member's property as a rental property unless prohibited in the declaration and shall use it in accordance with the declaration's rental time period restrictions.” If your community association’s declaration does not prohibit rentals or place any time [...]
In my opinion, the best way to get a tenant to comply with the association’s documents is to aggressively pursue the owner for the tenant’s violations. Most association documents state that a landlord/owner is responsible for the behavior of their tenants and guests. Once the landlord/owner figures out that the tenant is starting to cost the landlord/owner more money than [...]
The Holiday season has officially arrived! Adopting a Holiday Lights/Decorations policy can be a great way to encourage the community to embrace the spirit of the Holidays, while also regulating lights and decorations to ensure consistency and equal treatment amongst the membership. The following are several suggestions for your community’s Holiday Lights/Decorations Policy: • Avoid a total ban on holiday [...]
First off, flag the account – “BANKRUPTCY FILE”! If you have received notice of the bankruptcy this more than likely means that the association has been included in the debtor’s (owner or former owner) bankruptcy as a creditor. The bankruptcy filing initiates an automatic stay in place, which means the association cannot proceed with collection against a debtor. It [...]
