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), an [...]
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 [...]
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 [...]
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. 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 [...]
By Kevin C. Whitacre, Esq. In the fall of 2014, an Illinois appeals court held that a former owner is still liable to a condominium association for unpaid assessments that accrued after the transfer of ownership if the association did not receive notice of the transfer. In the case, Cambridge Apartments Condominium Association v. Williams, the occupant, Williams, transferred her [...]
By Beth Mulcahy, Esq. I am often asked whether a board member code of conduct is a good idea or a bad idea. It really depends… Some boards need a code of conduct to clarify appropriate and not appropriate conduct by board members. Other boards don’t seem to need or want a code of conduct. Unless an association’s documents state [...]
Hello Cyber Followers: Our 2015 Legislative Update can be found on our website. It is a summary of those bills that will affect community associations when they become law on July 3, 2015, unless otherwise noted. If you have questions regarding the new laws please call our firm. I have enjoyed bringing you the most up-to-date information from the legislature [...]
Hello Cyber Followers: The Arizona Republic carried an article today on the 20 most important new laws that will affect Arizonians when they become law on July 3, 2015. Yes, the day before our Independence Day celebration –the 4th of July, unless otherwise dated. The legislature was active this year; passing 344 bills. Community associations will want to know about [...]
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 [...]
