By Beth Mulcahy, Esq. Mulcahy Law Firm, P.C. is often asked by community association boards what is the “secret sauce” for creating successful and productive boards. Over the past 19 years of working with associations, I have noticed that successful boards do the following (among other things): Follow the Law and Association Documents A hierarchy of state and federal statutes [...]
by Beth Mulcahy, Esq. It is sometimes a thankless job, and may go unnoticed if the association has a very active and robust President. However far in the background, the Vice President plays an important role for the community association board of directors. The immediate answer when asked what the vice president does is to substitute for the President in [...]
By Beth Mulcahy, Esq. Should associations implement greater measures to protect association members and association property? We see ever increasing acts of violence and vandalism, so are security cameras the answer? In Martinez v. Woodmar IV Condominiums Homeowners Association, Inc., 189 Ariz. 206, 941 P.2d 218 (Ariz. 1997), the guest of a tenant of a unit owner was injured in [...]
Meeting minutes are the association’s only official record of its board, committee or membership decisions and actions; therefore, it is important that they be handled properly. Roberts Rules of Order states that “minutes contain mainly a record of what was done at the meeting, not what was said by the members.” In other words, record only actionable items, not discussions. [...]
Just in time for the holiday gift-giving season, during which as many as one million drones are expected to be sold, the Federal Aviation Administration (FAA) announced last week that new rules and regulations regarding drone use are coming soon. The FAA has named a task force to develop a system for drone registration by mid-December of this year. The [...]
Beginning on July 3, 2015, pursuant to A.R.S. Section 10-11622(B), all condominium and planned community associations are required to file contact information with the Arizona Corporation Commission (ACC) instead of recording that information with the county in which the association is located. Understandably, this new law has many associations wondering how and when to submit this information. Here's some additional [...]
Board members often tell Mulcahy Law Firm, P.C. that collecting delinquent assessments is one of the most difficult duties they have to oversee. This blog will provide a few quick tips to help boards more effectively collect delinquent assessments. First, the board must take prompt action on delinquent accounts if the board wants to have a low delinquency rate. If [...]
Did You Know? What is the Difference between an Audit, Review and a Compilation? Under Arizona law (ANNUAL AUDIT A.R.S. 33-1810 / CONDO A.R.S. 33-1243) a board of directors is required to conduct an annual financial audit, review or compilation of the association’s books. The annual audit, review or compilation must be completed no later than 180 days (6 months) [...]
This Association is having to ask its homeowners for a huge dues increase to help pay for maintenance in the community that has been neglected for years. Sudden Valley residents split over big dues increase Here are our Quick Tips for the Annual Budgeting Process that will make sure your board is assessing the current and future needs of the [...]
“The bylaws are formally adopted regulations for the administration and management of a community association. bylaws address such topics as: 1) Requirements for membership in the community association. 2) Requirements for membership meetings. 3) Voting rights of member owners. 4) Procedures for electing the board of directors; 5) Qualification of directors. 6) Procedures for the board of directors to elect [...]
