by Beth Mulcahy, Esq. Hello Cyber Followers, Yes, the legislature is moving forward...we saw changes regarding bills affecting community associations last week and want to share them with you. A summary of those changes can be found on Legislative Updates. A Reminder! At the beginning of each week we will post an update of the previous week's legislative actions. Have [...]
Hello Cyber Followers, Happy Martin Luther King, Jr. Day! The Arizona Legislature has been in session for a week and there are a number of interesting legislative developments already. There were a large number of bills introduced last week (over 500 House Bills and just over 80 Senate Bills). Arizona Governor Doug Ducey signed HB2064 (American Civics Act) on Thursday, [...]
by Beth Mulcahy, Esq. Our firm represents over 1,000 associations in Arizona. I can tell you with certainty that I have not seen a proxy used in an election or annual meeting in many, many years. Pursuant to Arizona law (A.R.S. Section 33-1812 for planned communities and 33-1250 for condominiums), proxy voting is only allowed while the association is under [...]
by Beth Mulcahy, Esq. It has been an exciting first week in the Arizona legislature and it is only Wednesday! The Arizona Legislature has been in session for several days and a blizzard of 250 bills on various subjects have been introduced in the House and Senate as of Tuesday night. Everyone in the legislature and Arizona media are “buzzing” [...]
by Beth Mulcahy, Esq. Happy New Year! We hope that you and your association have a great 2015! As you may know, the Arizona Legislature starts the Fifty-Second First Regular Session on Monday, January 12, 2015. Our firm anticipates that there will be numerous community association bills introduced this legislative session. We will keep you in the loop and informed [...]
By Beth Mulcahy, Esq. Questions: Is our association required by Arizona law to post the agenda prior to the regular board meeting? Are owners entitled under Arizona to receive an agenda if they attend a regular board meeting? Do you suggest boards use an agenda at a regular board meeting? Can you provide me with a sample agenda for a [...]
Hello Cyber Followers! We are simplifying our Mulcahy Law Firm, P.C. blogs! Effective immediately, our “Legislative Update Blog” has been consolidated with our Mulcahy “Answers Blog” so that you only have one place to look for “Answers” for your community association questions. As usual, while the Arizona legislature is in session we will be posting updates on our “Answers Blog” regarding [...]
By Beth Mulcahy, Esq. In my opinion, the best way to get a tenant to comply with the documents is to aggressively pursue the owner for the tenant’s violations. Most association documents state that a landlord/owner is responsible for the behavior of their tenants and guests. Once the landlord/owner figures out that the tenant is starting to cost the landlord/owner [...]
By Beth Mulcahy Esq. Question: Our association has an owner who requests to review records on a monthly basis. This is starting to become a pain and it requires a lot of time. What are our responsibilities under Arizona law to provide these records to this owner? Pursuant to A.R.S. 33-1805 (Planned Community)/ A.R.S. 33-1258 (Condo), all financial and other [...]
By Beth Mulcahy, Esq. As many of you know, our firm has been closely following the lawsuit entitled Russell v. State of Arizona, CV2014-093052, for the past 8 months. This lawsuit challenged the constitutionality of SB 1482 (Omnibus bill) which became law on July 24, 2014. On November 14, 2014, Judge David Udall granted the State of Arizona’s Cross Motion [...]
