Quick Summary of 2025 Pending Arizona Legislation Pertaining to HOAs and Condos Updated: March 17, 2025 The 2025 Arizona Legislature is in session and it is going to be a BIG year for HOA and condo bills! Set forth below is a quick summary of the pending bills. All the bills below apply to planned communities and condominiums unless otherwise [...]
Prior to turning a file over to our firm for collection of delinquent assessments, associations must provide the owner proper notice pursuant to A.R.S. 33-1807(L)/A.R.S. 33-1256(L). Pursuant to the statute, associations must send notice to the owner, via certified mail return receipt requested, to the owner’s mailing address on record. The notice must contain specific language (see below) and the [...]
In Arizona, the vast majority of community associations are formed as either Condominiums, which are subject to the Arizona Condominium Act (A.R.S. Section 33-1201, et seq.); or, Planned Communities, which are subject to the Arizona Planned Communities Act (A.R.S. Section 33-1801, et seq.). In many communities, the distinction is clear. However, there are some cases where the classification of Condominium [...]
Associations should be working on their 2025 budgets! There are several things for Associations to consider when starting the budgeting process, especially if there have been significant changes in the community or if the community has undergone financial hardship. A community association budget is a summary based on the anticipated income and expenses for each fiscal year, broken down into [...]
Water conservation has long been a hot topic in Arizona (pun intended), including efforts to reduce the amount of water used to maintain lawns and landscaping. According to Tim Smedley in his book, The Last Drop, lawns are the largest irrigated ‘crop’ in the United States. Yet when you drive around the Valley, there is an astonishing amount of plush, [...]
This law applies to planned communities and condominiums. A majority of the board can vote to amend the CC&Rs without a vote of the membership to remove unlawful provisions in the CC&Rs which violate fair housing laws. "Unlawful restriction" means a prohibition, restriction, covenant or condition in a document that interferes with or restricts the transfer, use or occupancy of [...]
January 8th, 2024, marked the opening of Arizona's Fifty-Sixth Second Regular Legislative Session. News laws will become effective September 14, 2024. SB1016 Homeowners' Associations; Flagpoles Applies to Planned Communities. This Bill would allow an association to limit an owner to two wall mounted flagpole holders. SB1432 Unlawful Restrictive Covenants; Uniform Act Applies to Planned Communities. This Bill would permit an [...]
Your community pools are likely very busy right now as residents attempt to beat the heat! Pools can be an attractive, albeit expensive, amenity for potential owners, especially in warmer climates like we have here in Arizona. It is important for communities to manage and maintain their pools in good condition so that owners can continue to enjoy the amenities [...]
Updated March 5, 2025 The Corporate Transparency Act (“CTA”) is a federal law passed in 2021 to track criminal or terrorist money laundering and safeguard national security and the U.S. financial system. On March 2nd, the U.S. Treasury Department released a statement regarding CTA enforcement. They announced that they will not enforce any penalties or fines associated with the beneficial [...]
In 2023, the Arizona State Legislature passed HB2298, now A.R.S. Section 33-1818, which applies to planned communities with public roadways. Now planned communities are faced with figuring out whether they need to worry about this new law. Mulcahy Law Firm, P.C. is here to assist at every step of the way. The first step is determining whether this law applies [...]
