It has happened; there are funds missing from the checking account. Figures do not line up and you cannot get in touch with anyone. The board always sees a financial statement at each board meeting, so what went wrong? Any organization that believes it is immune from the fraudulent use of funds is destined to become a victim. Mulcahy Law [...]
http://www.contracostatimes.com/breaking-news/ci_28954784/solar-panels-getting-cool-reception-from-homeowners-associations This article posted this week regarding Solar Panels in Community Associations brings up a very common question that I receive from planned community boards: “Can we prohibit owners from installing solar panels on their Lot?” The short answer is “no”. Arizona law, specifically, Arizona Revised Statute Section 33-1816 of the Planned Community Act, addresses installation of solar panels or solar [...]
With the monsoon season officially over for 2015 and our extreme heat hopefully behind us, we probably don’t have to think about what we would do if a flood or dust storm would hit our neighborhood for at least the next 8 months (hopefully!!). But maybe it is a good time to put a plan in place for your Association [...]
I love Halloween! It is one of my favorite holidays of the year. It’s only October 9th and I have already placed colored lights outside and have decorated our front door with a banner, scary door hanger with noises, ghost figurines, pumpkins and a black cat. I’ve already made scary cupcakes. My children (ages 7 and 8) love all the [...]
You may have seen this story over the last week about the Utah woman fighting her HOA on the fines they were assessing her for flying her American flag. The situation got so heated with other residents joining the fight that the HOA President has now resigned. Murray American flag fiasco dies down as HOA president resigns It is unfortunate [...]
Yes, it is true that the Arizona Department of Fire Building and Life Safety hears disputes between owners and Associations. "In 2011, the Arizona Legislature passed legislation providing Arizona homeowners and condominium and planned community associations (HOA’s) a venue for resolving disputes. These administrative procedures provide an alternative to the civil court system and do not limit the legal rights of the [...]
By: Beth Mulcahy, Esq. and Jennifer Rentschler, Esq. Drones are Everywhere! If you haven't seen a drone yet, chances are you soon will. Drones were originally used for military purposes, but newer technology and falling prices have put drones - many with cameras attached - in the hands of private citizens. For about $100 on Amazon.com, you, too, can own [...]
By Beth Mulcahy, Esq. There is a growing problem in community associations - owners who hoard books, newspapers, trash, knick-knacks, furniture, scrap metal, animals, rotting food and everything in between. The problem is common and has been identified as a serious behavioral illness. "Hoarders" are usually isolated and suffer from the psychological issues that produce the clinical definition of hoarding, [...]
By Beth Mulcahy, Esq. Provide social opportunities in the association where people get to know each other and have fun! People want to help people that they know personally. The best way to get volunteers is to ASK! Advertise for volunteers in as many different venues as possible. Repeated pleas will have an effect. Volunteers want constructive meaningful work, write [...]
By Beth Mulcahy, Esq. When a homeowner files a bankruptcy (and lists an association as a creditor in the bankruptcy), there is an automatic stay in place, which prohibits the association from proceeding forward with collection against the owner or face strict and costly penalties. The association may proceed forward after the bankruptcy is dismissed, a lift of stay is [...]
