Did you know that in April 2017 the Federal Aviation Administration (FAA) established air space regulations over 133 military locations in the United States? Pursuant to 14 CFR 99.7, through an agreement with the Department of Defense, the FAA has the authority to establish special security instructions for the operation of drones in order to protect the nation's security. The [...]
Summer is officially here. A few years ago, I witnessed the heroic efforts of a bystander revive a young child that nearly drowned at a community pool. Needless to say, as a mother to two young children, I was rattled to the core by the events of that day. Pool safety is something we all need to keep an eye [...]
By: Beth Mulcahy, Esq. Here are our Quick Tips for the Annual Budgeting Process that will make sure your board is assessing the current and future needs of the association. In a planned community, the budget must be approved by the board, but there is no requirement that the budget be approved by the membership prior to the start of [...]
By: Beth Mulcahy, Esq. Does your association have nagging questions regarding the Fair Housing Act? How should associations handle "group homes", service animals, emotional support pets, and "55 and Over Housing"? Has your association's board recently received a complaint regarding a Fair Housing violation? If so, this article provides an excellent overview of the Federal Fair Housing Act. FEDERAL FAIR [...]
by Beth Mulcahy, Esq. Working with many association documents over the years has given me insight regarding how to best approach the amendment process for such documents. My secret to successfully amending CC&Rs is using a five step plan. Associations want to amend their documents for the following reasons: to delete or modify restrictions that are outdated, ambiguous or unreasonable; [...]
By Beth Mulcahy, Esq. It’s that time of the year again… Fiscal year 2015 has ended for most of our association clients and boards are now considering the next requirements with regard to the association’s 2015 financial books and records. Many boards have contacted our office asking if an association is required to have an audit done by a CPA [...]
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 [...]
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. 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 19 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 [...]
by Beth Mulcahy, Esq. It is sometimes a thankless job, and may go unnoticed if the association has a very active and robust President. However far in the background, the Vice President plays an important role for the community association board of directors. The immediate answer when asked what the vice president does is to substitute for the President in [...]
