By Beth Mulcahy, Esq. Should associations implement greater measures to protect association members and association property? We see ever increasing acts of violence and vandalism, so are security cameras the answer? In Martinez v. Woodmar IV Condominiums Homeowners Association, Inc., 189 Ariz. 206, 941 P.2d 218 (Ariz. 1997), the guest of a tenant of a unit owner was injured in [...]
by Beth Mulcahy, Esq. Meeting minutes are the association’s only official record of its board, committee or membership decisions and actions; therefore, it is important that they be recorded properly. The Nonprofit Corporation Act at A.R.S. Section 10-11601 states a corporation shall keep as permanent records minutes of all meetings of its members and board of directors, a record of [...]
By Beth Mulcahy, Esq. With everyone multitasking these days time is stretched among school, activities for the children, personal time and professional responsibilities; however, the community association still needs volunteers for the board of directors. It is a reoccurring question asked of our firm. What do you do when no one volunteers for the board? The association’s CC&Rs require the [...]
By Kristen L. Rosenbeck, Esq. In preparing for your community association’s upcoming annual meeting one of the most important things to do is to closely review the association’s governing documents (CC&Rs, Bylaws, Rules) to determine if there are any mandatory requirements for the annual meeting of the membership. If the association’s governing documents (likely the Bylaws) require the election of [...]
The beginning of the New Year is a good time to review the association’s insurance policy to confirm that coverage suits the association’s needs. In fall 2012, the Massachusetts Court of Appeals found that a broken pipe under the basement slab of a unit that caused the slab to sink several inches was not covered by the association’s insurance policy. [...]
Board members often tell Mulcahy Law Firm, P.C. it is the most difficult duty they have to oversee, the collection of association assessments, and dealing with the delinquent owner compounds the difficulty. However, allowing delinquent assessments amounts to increase without action, gives the association membership the impression that delinquencies will not be pursued and that there is little to no [...]
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 [...]
Mulcahy Law Firm, P.C. is often asked by community association boards what is the "secret sauce" for creating successful and productive boards. Over the past 16 years of working with associations, I have noticed that successful boards do the following (among other things): Follow the Law and Association Documents A hierarchy of state and federal statutes govern the activities of [...]
