Mulcahy Blog

One of the owners in our Association is losing his home in a Trustee’s Sale. What is that and what does this mean for our Association?

By Beth Mulcahy, Esq. If an owner becomes delinquent on his/her mortgage or deed of trust mortgage, the deed of trust company may initiate foreclosure proceedings on the owner’s property by noticing a Trustee’s Sale. Secure the association’s interests: A lien places the Trustee on notice of the association’s interests, so the association will receive notice of the Trustee’s sale and [...]

Help! Our Board Meetings are Getting Out of Control with Conflict. What Can Our Board Do?

By Beth Mulcahy, Esq. Unfortunately, board meeting conflict is becoming a common question that our law firm receives. First, it is important to establish that name calling, interrupting and personal attacks should be prohibited at all board and committee meetings. Sometimes, the conflict is between Board Members themselves. Board Member to Board Member Conflict will bring the association board meeting [...]

What Are Transfer Fees? When Can Transfer Fees be Charged?

By Beth Mulcahy, Esq. Last week, I discussed “Disclosure Fees” under Arizona law. This week we will be discussing “Transfer Fees” which are distinctly different that disclosure fees. A “transfer fee,” on the other hand, is paid to the association for a specified purpose, such as funding the association’s reserves or contributing to the association’s working capital fund. Transfer fees [...]

What is a Disclosure Statement and Who Can Charge it?

By Beth Mulcahy, Esq. An association may charge a “disclosure fee” to compensate the association for the costs incurred in the preparation of a disclosure statement furnished by the association pursuant to A.R.S. Section 33-1806 (planned community)/33-1260 (condo). Requirements for a Disclosure Statement A brief summary of the requirements for a disclosure statement pursuant to these sections follows: For planned [...]

Speeding in Community Associations… A Common Problem

By Beth Mulcahy, Esq. Over the past few years, our firm has heard horror stories from association boards and residents regarding owners, residents and vendors speeding and/or failing to obey traffic signals on association streets. Drivers who do not obey the speed limit within an association are a growing problem for community associations. Association residents want to feel safe in their [...]

Help! Our Association keeps getting complaints about barking dogs. What are we to do?

By Beth Mulcahy, Esq. Dog barking in associations and complaints by the surrounding owners are a common problem in community associations. Police state that barking dogs rank as one of the highest number of complaints they receive. Set forth below are tips and ideas that might help quiet the neighborhood: Contact Dog Owner: The complaining parties should contact the dog’s [...]

Interviewing Questions for Hiring a New Management Company

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 [...]

How Do You Feel About Mandatory Board Member Education? Good or Bad?

By Beth Mulcahy, Esq. As you may know, in 2013, the State of Florida adopted a new law that requires board members to follow certain “certification procedures”. Under Florida’s law, within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the [...]

Our Association Has Trouble Getting Owners to Attend Our Annual Meeting. Do you have any Tips on How to Increase Attendance?

By Beth Mulcahy, Esq. Yes, I do! Here are a few of our firm’s suggestions on how to increase attendance at an Annual Meeting. ♦ Announce the annual meeting date, time, and location in as many places as possible ♦ Plan and publicize a social event after or before the meeting and include food ♦ Give away door prizes or [...]

Tips on How to Increase Annual Meeting Attendance

By Beth Mulcahy, Esq. Our Association Has Trouble Getting Owners to Attend Our Annual Meeting. Do you have any Tips on How to Increase Attendance? Yes, I do! Here are a few of our firm’s suggestions on how to increase attendance at an Annual Meeting. ♦ Announce the annual meeting date, time, and location in as many places as possible [...]

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