The normal emotions that rise to the surface when served with a lawsuit are fear and anger, but this is not a time to allow emotions to take control. There are clear actions that the association should take to protect the board and the association. 1. Immediately contact the association’s attorney and insurance carrier. This will allow the attorney time [...]
By Beth Mulcahy, Esq. Yes. Pursuant to Arizona law A.R.S. 33-1804 / Condo A.R.S. 33-1248, owners attending open board meetings are allowed to tape and/or video record a meeting, subject to reasonable rules and regulations adopted by the board. Our firm recommends that associations adopt reasonable rules and regulations regarding a homeowners’ ability to tape or video record open board meetings. [...]
By Beth Mulcahy, Esq. During the Summer months, many board members travel outside of Arizona to escape the heat. Due to travel schedules during June, July and August, sometimes it is difficult for the board to obtain a quorum to have a board meeting. Under Arizona law, all meetings of the association must be conducted in the State of Arizona. [...]
By Beth Mulcahy, Esq. As you plan your vacation, do not forget to think about your home while away. Giving some thought to your home before you go on vacation could mean the difference between coming back “home”, or to a home that has been vandalized and a mailbox full of association warnings. Make it look like someone is home [...]
By Beth Mulcahy, Esq. Over the past several years, there have been articles on national and state levels regarding whether or not an owner can display a flag on his/her/their property in an association. Arizona law is quite clear on this issue. Pursuant to Arizona law (A.R.S. Section 33-1808 (A) and (B) for planned communities and 33-1261 for condominiums), [...]
Dear Cyber-Followers: Finally! Some news to report on the Arizona Legislature! It’s been 4 weeks of budget discussions at the Arizona Legislature. None of the five (5) community association bills we are monitoring have moved an inch in 4 weeks due to the budget negotiations. Today, the Arizona Legislature finally began debating a spending package for the state budget year [...]
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 [...]
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; [...]
Dear Cyber-Followers: It was another interesting week at the Arizona Legislature! After 96 days in session, 106 bills have passed and 105 have been signed by the governor. Last week was all about the budget and everything else was placed on a giant “pause”. It is rumored that the budget will be passed this week and once the budget [...]
Dear Cyber-Followers: It was another interesting week at the Arizona Legislature! After 89 days in session, 106 bills have passed and 105 have been signed by the governor. Governor Ducey gave informal notice to the legislature’s leadership last week that he did not want to see any more bills on his desk to be signed until he received the [...]
