By Beth Mulcahy, Esq. When a homeowner files a bankruptcy (and lists an association as a creditor in the bankruptcy), there is an automatic stay in place, which prohibits the association from proceeding forward with collection against the owner or face strict and costly penalties. The association may proceed forward after the bankruptcy is dismissed, a lift of stay is [...]
By Beth Mulcahy, Esq. Provide social opportunities in the association where people get to know each other and have fun! People want to help people that they know personally. The best way to get volunteers is to ASK! Advertise for volunteers in as many different venues as possible. Repeated pleas will have an effect. Volunteers want constructive meaningful work, [...]
By Beth Mulcahy, Esq. Unfortunately, board meeting conflict is becoming a common question that our law firm receives. First, it is important to establish that name calling, interrupting and personal attacks should be prohibited at all board and committee meetings. Sometimes, the conflict is between Board Members themselves. Board Member to Board Member Conflict will bring the association board meeting productivity [...]
By Beth Mulcahy, Esq. As you may know, in 2013, the State of Florida adopted a new law that requires board members to follow certain “certification procedures”. Under Florida’s law, within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the [...]
• The president must set the example and follow all governing documents and rules and regulations. • You cannot do it all. You are the leader and guide, but you must accept responsibility for getting things done. You have been elected to execute decisions made by the board and to hold yourself and association members accountable to the provisions in [...]
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 [...]
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 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. Question: Our association is about to transition from developer to owner control. Do you have any advice on this process? Answer: Yes, I do! Our firm has successfully helped numerous associations through the transition process. Transition from developer control occurs when control of the association shifts from the developer to the owners. The transfer of control can occur [...]
Dear Cyber-Followers: After 103 days in session, 106 bills have passed and 105 have been signed by Governor Ducey. Last week was the third week of budget discussions at the Arizona Legislature. None of the five (5) community association bills we are monitoring have moved an inch in 3 weeks due to the budget negotiations. It is anticipated that once [...]
