Dear Cyber-Followers: It has been a quiet two weeks for community association bills at the Arizona Legislature (trust me, this is a good thing!). There have been no community association bills passed by both the House and the Senate and signed by the Governor yet. We are closely watching the six following bills for a full vote (SB1496, Homeowners’ Associations, [...]
By Beth Mulcahy Esq. Question: Our association has an owner who requests to review records on a monthly basis. This is starting to become a pain and it requires a lot of time. What are our responsibilities under Arizona law to provide these records to this owner? Pursuant to A.R.S. 33-1805 (Planned Community)/ A.R.S. 33-1258 (Condo), all financial and other [...]
Dear Cyber-Followers, Here we are in Week 9 of the Fifty-Third Regular Session of the Arizona Legislature. As you know, we have been closely watching the bills relating to community associations over the last 9 weeks. There were only 3 bills with activity last week and they are all listed on page two of our updated 2016 Pending Bills Summary. [...]
Dear Cyber Followers: Starting tomorrow it is “March Madness” at the Arizona Legislature!!! The next two weeks will be “bill passing” time. Representatives and Senators will spend their time over the next two weeks voting on bills. As of last Friday, 1,219 bills had been introduced, 4 bills have been passed and 1 bill has been signed. An upcoming deadline [...]
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 [...]
Dear Cyber Followers: It was an exciting week last week at the Arizona Legislature! The Arizona Legislature has been in session for 40 days and 1,200 bill have been introduced. However, there have been no community association bills passed by both the House and the Senate and signed by the Governor yet. Our firm is closely following three bills which [...]
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, familial [...]
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 [...]
