Board of Directors

Mulcahy Law Firm, P.C.: Our Board Just Received Notification that a Sex Offender Moved into our Association? What can we do about this?

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 [...]

Looking ahead to a brand New Year!

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 [...]

Mulcahy Law Firm, P.C.: The Secret “Sauce” for a Successful and Productive Board of Directors

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 [...]

Mulcahy Law Firm, P.C.: What does the Vice President of the Board really do?

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 [...]

Mulcahy Law Firm, P.C.: Yes or No to Security Cameras

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 [...]

“All I Want for Christmas Is … a Drone?”

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 [...]

There’s a New Law In Town… By Beth Mulcahy, Esq.

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 [...]

Mulcahy Law Firm, P. C.: Collecting Assessments is Easier through Prompt Action!

Board members often tell Mulcahy Law Firm, P.C. that collecting delinquent assessments is one of the most difficult duties they have to oversee. This blog will provide a few quick tips to help boards more effectively collect delinquent assessments. First, the board must take prompt action on delinquent accounts if the board wants to have a low delinquency rate. If [...]

Did You Know? What is the Difference between an Audit, Review and a Compilation?

Did You Know? What is the Difference between an Audit, Review and a Compilation? Under Arizona law (ANNUAL AUDIT A.R.S. 33-1810 / CONDO A.R.S. 33-1243) a board of directors is required to conduct an annual financial audit, review or compilation of the association’s books. The annual audit, review or compilation must be completed no later than 180 days (6 months) [...]

Mulcahy Law Firm, P.C.: Fraud and Embezzlement in Your Association-How to Spot It & How to Avoid It

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 [...]

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