On March 3, 2016, Congresswoman Anna Eshoo and Congressman Mike Thompson introduced Bill H.R. 4696, which can be cited as “Helping Our Middle-Income Earners Act” or the “HOME Act.” This bill is currently in the House Committee on Ways and Means. If enacted, the HOME Act will amend the Internal Revenue Code of 1986 to allow tax deductions to individual [...]
By Beth Mulcahy, Esq. I am often asked whether a board member code of conduct is a good idea or a bad idea. It really depends… Some boards need a code of conduct to clarify appropriate and not appropriate conduct by board members. Other boards don’t seem to need or want a code of conduct. Unless an association’s documents state [...]
When dealing with disruptive people the need for responding in a controlled manner that deals with fact and eliminates emotion is crucial. Running the board meeting as a business meeting, in a way that is open, fair, adheres to the agenda, is consistent, follows any rules and procedures established for the association and most importantly follows the Arizona Open Meeting [...]
By Beth Mulcahy, Esq. Is your Association Interviewing Management Companies? If so, here are some great questions to ask during the interview process: Management Office: What is the general appearance of the Corporate Office? What are the hours of operation? What is the age and experience of the firm? What is the experience of the managers and staff? Does the [...]
Our firm has encountered situations where new board members were handed boxes of association records or been asked to review and ascertain what records the association should keep or send to the shredder. It is a big decision, but don’t be discouraged, here are a few tips you should keep in mind as you sort through the pile of papers. [...]
By Beth Mulcahy, Esq. During the Summer months, there are occasionally emergencies (such as flooding or monsoon/microburst damage) that require immediate board action. In these circumstances, the board can suspend the 48 hours notice of meeting to the membership required by Arizona law and conduct an emergency board meeting. Under Arizona law (A.R.S.33-1804 and condo A.R.S. 33-1248), an emergency meeting [...]
The normal emotions that rise to the surface when served with a lawsuit are fear and anger, but this is not a time to allow emotions to take control. There are clear actions that the association should take to protect the board and the association. 1. Immediately contact the association’s attorney and insurance carrier. This will allow the attorney time [...]
By Beth Mulcahy, Esq. Yes. Pursuant to Arizona law A.R.S. 33-1804 / Condo A.R.S. 33-1248, owners attending open board meetings are allowed to tape and/or video record a meeting, subject to reasonable rules and regulations adopted by the board. Our firm recommends that associations adopt reasonable rules and regulations regarding a homeowners’ ability to tape or video record open board meetings. [...]
By Beth Mulcahy, Esq. During the Summer months, many board members travel outside of Arizona to escape the heat. Due to travel schedules during June, July and August, sometimes it is difficult for the board to obtain a quorum to have a board meeting. Under Arizona law, all meetings of the association must be conducted in the State of Arizona. [...]
By Beth Mulcahy, Esq. As you plan your vacation, do not forget to think about your home while away. Giving some thought to your home before you go on vacation could mean the difference between coming back “home”, or to a home that has been vandalized and a mailbox full of association warnings. Make it look like someone is home [...]
