By Kevin C. Whitacre, Esq. In the fall of 2014, an Illinois appeals court held that a former owner is still liable to a condominium association for unpaid assessments that accrued after the transfer of ownership if the association did not receive notice of the transfer. In the case, Cambridge Apartments Condominium Association v. Williams, the occupant, Williams, transferred her [...]
Hello Cyber Followers: The Arizona Republic carried an article today on the 20 most important new laws that will affect Arizonians when they become law on July 3, 2015. Yes, the day before our Independence Day celebration –the 4th of July, unless otherwise dated. The legislature was active this year; passing 344 bills. Community associations will want to know about [...]
Hello Cyber Followers, The Arizona Legislature adjourned Sine Die at 3:34 am this morning. The fate of HB2614 is unclear as of 6:30 am this morning since it usually takes a day for the legislature to update it's webpage. We will notify our clients and friends of any developments regarding HB2614 as the day progresses. Watch our Legislative Summary and [...]
Hello Cyber Followers: As anticipated SB1091, was signed by Governor Ducey on March 30, 2015. At this point it is unclear as to what will happen with HB2614, Planned Communities; Architectural Review. Bills signed by the Governor this spring will become law 90 days after the close of the legislature. To remind, our Legislative Summary is located on our website [...]
by Beth Mulcahy, Esq. Question: Our association is about to transition from developer to owner control. Do you have any advice on this process? Answer: Yes, I do! Our firm has successfully helped numerous associations through the transition process. Transition from developer control occurs when control of the association shifts from the developer to the owners. The transfer of control [...]
Hello Cyber Followers, It was an active day in the Arizona Legislature yesterday. Both SB1452 and SB1453 bills failed yesterday 42-18 in vote of the House. Thank you for your help in contacting legislators regarding SB1452 and SB1453. SB1091 and HB2614 status has not changed as of this morning. We will continue to closely watch SB1091 and HB2614 for the [...]
by Beth Mulcahy, Esq. Yes, there is! There is often confusion in the community association industry regarding the difference between a “disclosure fee” and a “transfer fee”. Can an association charge a disclosure fee and/or a transfer fee, and, if so, how much? Disclosure Fees An association may charge a “disclosure fee” to compensate the association for the costs incurred [...]
By Beth Mulcahy, Esq. It’s that time of the year again… Fiscal year 2014 has ended for most of our association clients and boards are now considering the next requirements with regard to the association’s 2014 financial books and records. Many boards have contacted our office asking if an association is required to have an audit done by a CPA [...]
Hello Cyber Followers! We are simplifying our Mulcahy Law Firm, P.C. blogs! Effective immediately, our “Legislative Update Blog” has been consolidated with our Mulcahy “Answers Blog” so that you only have one place to look for “Answers” for your community association questions. As usual, while the Arizona legislature is in session we will be posting updates on our “Answers Blog” regarding [...]
By Beth Mulcahy, Esq. In my opinion, the best way to get a tenant to comply with the documents is to aggressively pursue the owner for the tenant’s violations. Most association documents state that a landlord/owner is responsible for the behavior of their tenants and guests. Once the landlord/owner figures out that the tenant is starting to cost the landlord/owner [...]
