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 [...]
Hi Cyber Followers, We have just posted a few updates to our Pending Legislation Summary… Last week there were 5 new community association bills introduced. Many of these bills are controversial (manager licensing) so I encourage you to check them out! Click here for the link to our website.
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 [...]
By Beth Mulcahy, Esq. Unfortunately, our firm has received this question many times over the years. First, let’s talk about Arizona law. Arizona Sex Offenders Community Notification Statutes On June 1, 1996, the Arizona legislature adopted the Arizona Sex Offenders Community Notification Statutes (A.R.S. Sections 13-3821 to 13-3828). Under these laws, once a convicted sex offender is released from jail [...]
Wishing you good times, good cheer, and a memorable new year! As you plan for the new year, we hope that you will use the 2016 Goals Worksheet that is linked below, to assist you in writing down what you would like to accomplish in 2016. All of us at Mulcahy Law Firm, P.C. want to thank you for your [...]
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 [...]
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 [...]
Just in time for the holiday gift-giving season, during which as many as one million drones are expected to be sold, the Federal Aviation Administration (FAA) announced last week that new rules and regulations regarding drone use are coming soon. The FAA has named a task force to develop a system for drone registration by mid-December of this year. The [...]
Beginning on July 3, 2015, pursuant to A.R.S. Section 10-11622(B), all condominium and planned community associations are required to file contact information with the Arizona Corporation Commission (ACC) instead of recording that information with the county in which the association is located. Understandably, this new law has many associations wondering how and when to submit this information. Here's some additional [...]
