The terms “reasonable” and “unreasonable” are frequently used in the Community Association legal industry. Both the Arizona Planned Communities Act and Arizona Condominium Act use the terms “reasonable” and “unreasonable” throughout various sections of the legislation. For instance, ARS 33-1242 grants the association the authority “after notice and an opportunity to be heard,” to “impose reasonable monetary penalties on unit [...]
We often receive questions from board members seeking advice on how to handle board meeting conflicts. We are here to help. Board member vs. board member Board Member to board member conflict will bring the association board meeting productivity to a halt. It is important that all board members work together to prevent conflicts, and, when they do arise, the [...]
The heat is here, the first day of summer is tomorrow (June 21) and owners and their guests are flocking to the association’s pool… pool safety starts with you. It goes without saying; the importance of pool safety is something that we can’t stress enough. What to say to that person who likes to “prop open” the pool gate? PLEASE [...]
If you live in a community association, either a planned community or a condominium development, chances are that you pay an annual, quarterly, or monthly assessment to the community association. Regular assessment payments from homeowners are necessary for the community association to pay for things like, the maintenance of the common elements, vendors’ contracts, like a management company, and for [...]
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 [...]
Pickleball is becoming a hot topic for many associations and homeowners throughout Arizona. Mulcahy Law Firm is seeing issues emerge regarding the sport, including the possibility of associations converting tennis courts into pickleball courts and noise issues associated with pickleball. This article aims to walk associations through some of the issues and possible solutions for pickleball disputes. What is pickleball? [...]
On March 8, 2018, the Town Council of Paradise Valley adopted an Unruly Gatherings Ordinance (2018-05), aimed to deter house parties that disturb neighboring residences and that comprise the safety and welfare of the public. When the police respond to an Unruly Gathering it drains police resources and while the police are responding, it prevents them from securing other areas [...]
If you live near Scottsdale or Phoenix, you have probably noticed a large number of colorful bikes that have recently been introduced to the area. These bikes are part of bike-sharing programs that have partnered with the cities of Phoenix, Scottsdale, Tempe and Mesa. The premise of these programs is very simple: download the company’s app to rent a bike, [...]
Approximately 65 million Americans (or 1 in every 5) live in homeowner associations, including condominiums and planned communities in the United States.[1] The number of homeowner association communities in the United States has risen from approximately 10,000 communities in 1970 to 342,000 communities in 2016.[2] In a recent study, Arizona ranked tenth in the country in number of community associations, [...]
As any board member will tell you, managing the day-to-day operations of an association can be a daunting task. Many associations hire a professional management company to assist them with their responsibilities. But with so many management companies out there, how do you know which one is right for your association? Below is a step-by-step process that our firm has [...]
