Community Association Management

Is it True that the Arizona Department of Fire Building and Life Safety Hears Disputes Between Owners and Associations?

Yes, it is true that the Arizona Department of Fire Building and Life Safety hears disputes between owners and Associations. "In 2011, the Arizona Legislature passed legislation providing Arizona homeowners and condominium and planned community associations (HOA’s) a venue for resolving disputes. These administrative procedures provide an alternative to the civil court system and do not limit the legal rights of the [...]

“Oh no! I have a DRONE in my Backyard!”

By: Beth Mulcahy, Esq. and Jennifer Rentschler, Esq. Drones are Everywhere! If you haven't seen a drone yet, chances are you soon will. Drones were originally used for military purposes, but newer technology and falling prices have put drones - many with cameras attached - in the hands of private citizens. For about $100 on Amazon.com, you, too, can own [...]

Handle Hoarders Carefully

By Beth Mulcahy, Esq. There is a growing problem in community associations - owners who hoard books, newspapers, trash, knick-knacks, furniture, scrap metal, animals, rotting food and everything in between. The problem is common and has been identified as a serious behavioral illness. "Hoarders" are usually isolated and suffer from the psychological issues that produce the clinical definition of hoarding, [...]

Help! Our Board Meetings are Getting Out of Control with Conflict. What Can Our Board Do?

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 [...]

What Are Transfer Fees? When Can Transfer Fees be Charged?

By Beth Mulcahy, Esq. Last week, I discussed “Disclosure Fees” under Arizona law. This week we will be discussing “Transfer Fees” which are distinctly different that disclosure fees. A “transfer fee,” on the other hand, is paid to the association for a specified purpose, such as funding the association’s reserves or contributing to the association’s working capital fund. Transfer fees [...]

What is a Disclosure Statement and Who Can Charge it?

By Beth Mulcahy, Esq. An association may charge a “disclosure fee” to compensate the association for the costs incurred in the preparation of a disclosure statement furnished by the association pursuant to A.R.S. Section 33-1806 (planned community)/33-1260 (condo). Requirements for a Disclosure Statement A brief summary of the requirements for a disclosure statement pursuant to these sections follows: For planned [...]

Interviewing Questions for Hiring a New Management Company

By Beth Mulcahy, Esq. Is your Association Interviewing Management Companies? If so, here are some great questions to ask during the interview process: Management Office: What is the general appearance of the Corporate Office? What are the hours of operation? What is the age and experience of the firm? What is the experience of the managers and staff? Does the [...]

Tips on How to Increase Annual Meeting Attendance

By Beth Mulcahy, Esq. Our Association Has Trouble Getting Owners to Attend Our Annual Meeting. Do you have any Tips on How to Increase Attendance? Yes, I do! Here are a few of our firm’s suggestions on how to increase attendance at an Annual Meeting. ♦ Announce the annual meeting date, time, and location in as many places as possible [...]

Emergency Meetings

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 [...]

Pools and Pool Safety

By Beth Mulcahy, Esq. Does your board have a resident or vendor who likes to “prop open” the pool gate to make access to the association pool easier? If so, for safety and liability reasons, your board should take a proactive stance regarding the improper propping open of a gate/fence. First, your board should consider adopting and enforcing a rule [...]

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