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 [...]
By Beth Mulcahy, Esq. Does your board have a resident or vendor who likes to “prop open” the pool gate to make access to the association pool easier? If so, for safety and liability reasons, your board should take a proactive stance regarding the improper propping open of a gate/fence. First, your board should consider adopting and enforcing a rule stating that [...]
By Beth Mulcahy, Esq. Over the past several years, there have been articles on national and state levels regarding whether or not an owner can display a flag on his/her/their property in an association. Arizona law is quite clear on this issue. Pursuant to Arizona law (A.R.S. Section 33-1808 (A) and (B) for planned communities and 33-1261 for condominiums), [...]
by Beth Mulcahy, Esq. Our association board is considering hiring a company to prepare a reserve study but we aren’t really sure what a reserve study is. Can you define a reserve study for us? How much do reserve studies cost? A reserve study is a budgeting guide that provides a comprehensive plan that shows an association how much is reasonable to [...]
Dear Cyber-Followers: The Arizona Legislature adjourned Sine Die in the early morning hours of Saturday, May 7, 2016 after an 18 hour marathon day! The last formal day the Arizona Legislature was in session was an all-night voting spree. In fact, during their last day, Arizona lawmakers voted on more bills than they passed in the entire 116 prior days and sent [...]
