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 [...]
By: Beth Mulcahy, Esq. Does your association have nagging questions regarding the Fair Housing Act? How should associations handle "group homes", service animals, emotional support pets, and "55 and Over Housing"? Has your association's board recently received a complaint regarding a Fair Housing violation? If so, this article provides an excellent overview of the Federal Fair Housing Act. FEDERAL FAIR [...]
Dear Cyber-Followers: Finally! Some news to report on the Arizona Legislature! It’s been 4 weeks of budget discussions at the Arizona Legislature. None of the five (5) community association bills we are monitoring have moved an inch in 4 weeks due to the budget negotiations. Today, the Arizona Legislature finally began debating a spending package for the state budget year [...]
by Beth Mulcahy, Esq. Question: Our association is about to transition from developer to owner control. Do you have any advice on this process? Answer: Yes, I do! Our firm has successfully helped numerous associations through the transition process. Transition from developer control occurs when control of the association shifts from the developer to the owners. The transfer of control can occur [...]
Dear Cyber-Followers: After 103 days in session, 106 bills have passed and 105 have been signed by Governor Ducey. Last week was the third week of budget discussions at the Arizona Legislature. None of the five (5) community association bills we are monitoring have moved an inch in 3 weeks due to the budget negotiations. It is anticipated that once [...]
by Beth Mulcahy, Esq. Working with many association documents over the years has given me insight regarding how to best approach the amendment process for such documents. My secret to successfully amending CC&Rs is using a five step plan. Associations want to amend their documents for the following reasons: to delete or modify restrictions that are outdated, ambiguous or unreasonable; [...]
Dear Cyber-Followers: It was another interesting week at the Arizona Legislature! After 96 days in session, 106 bills have passed and 105 have been signed by the governor. Last week was all about the budget and everything else was placed on a giant “pause”. It is rumored that the budget will be passed this week and once the budget [...]
