by Beth Mulcahy, Esq I am often asked the following question… “What makes a community manager a superstar?” I have been fortunate to work with numerous exceptional managers in Arizona. Here is a short list of the qualities of a great community manager: Communicate: —Listen to homeowners who have concerns or problems with the association; —Return/respond to phone calls/e-mails within [...]
By Maureen Connolly, Esq. Is it the homeowners association’s job to prove there is no discriminatory intent when its architectural committee denies a request to accommodate a disability? A recent opinion from the Unites States Court of Appeals for the Sixth Circuit applied another rule when a homeowner brought a Fair Housing Act Claim for Reasonable Accommodation. In Hollis [...]
By Beth Mulcahy, Esq. Board meetings are typically not well attended. Everyone is busy, so the association board meeting is often low on the "to-do-list" because it takes too much time. Don’t let the long drawn-out board meeting filled with trivia be the reason your association members do not attend. Making your board meeting an efficient business meeting in an [...]
By Beth Mulcahy, Esq. I suggest that association board members check their documents (i.e. CC&Rs, bylaws or articles of incorporation) to determine if there is a restriction on the association’s president regarding voting at board meetings. Most documents are silent on this issue, so there is typically no restriction on a president’s right to exercise his/her right to vote on [...]
by Beth Mulcahy, Esq. Short answer: Probably not… Long answer: Here’s why… The Civil Rights Act of 1968 along with additional revisions and the Fair Housing Amendments Act of 1988 collectively are known as the Fair Housing Act. The Federal Fair Housing Act (FHA) prohibits discrimination based upon a person’s race or color, religion, sex (including sexual harassment), national origin, [...]
I know you are not expecting to read a ‘Legislative Update’ in the Summer, but I wanted to keep you aware of the status of a lawsuit that could impact recent legislation. Last month, we informed you that a lawsuit was filed by Plaintiff David Russell asking the Court to void SB1482. The lawsuit alleges that SB1482 is unconstitutional. I wanted [...]
by Beth Mulcahy, Esq. Our Association wants to charge a “transfer fee” or a capital improvements fee to buyers when they purchase a home in our community? Is that allowable? How can we implement this type of fee? A “transfer fee,” is paid to the association for a specified purpose, such as funding the association’s reserves or contributing to the [...]
A lawsuit was recently filed by Plaintiff David Russell asking the Court to void SB1482. The lawsuit alleges that SB1482 is unconstitutional. As you may be aware, SB1482 addresses many issues including how Association members can vote, as well as what information Associations can require from Owners renting their home. A complete summary of SB1482 is set forth on the [...]
By Beth Mulcahy, Esq. As you plan your vacation, do not forget to think about your home while away. Giving some thought to your home before you go on vacation could mean the difference between coming back “home”, or to a home that has been vandalized and a mailbox full of association warnings. Make it look like someone is home [...]
By Beth Mulcahy, Esq. Unfortunately, this is a question that is frequently presented to our law firm. Usually, the story goes something like this… Disgruntled owner is unhappy about something in the association such as a violation letter received, a planned capital improvement project, a special assessment or an increase in assessment rate. The disgruntled owner becomes abusive to the [...]
