by Beth Mulcahy, Esq. Our Association wants to charge a “transfer fee” or a capital improvements fee to buyers when they purchase a home in our community? Is that allowable? How can we implement this type of fee? A “transfer fee,” is paid to the association for a specified purpose, such as funding the association’s reserves or contributing to the [...]
A lawsuit was recently filed by Plaintiff David Russell asking the Court to void SB1482. The lawsuit alleges that SB1482 is unconstitutional. As you may be aware, SB1482 addresses many issues including how Association members can vote, as well as what information Associations can require from Owners renting their home. A complete summary of SB1482 is set forth on the [...]
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. Have you ever heard the phrase “penny wise but pound foolish”? Over the years, I have seen some expensive mistakes made by association boards. One common mistake is trying to save a little money by hiring an unlicensed contractor. I’ve often found that, in the end, the unlicensed contractor ends up costing a lot more money [...]
By Beth Mulcahy, Esq. I drive all over the Valley to attend community association board meetings. Since 2008, development in the Valley came to an abrupt halt. However, over the summer, I noticed that residential development is back in full force in Arizona. It is common now to see residential construction and new associations are popping up again all over [...]
by Beth Mulcahy, Esq. Happy New Year! On behalf of everyone at Mulcahy Law Firm, P.C., I would like to wish you all the best in 2014. Over the holidays, I was able to spend more time than usual at home and realized that I needed to do some editing and tossing of personal records, clothes that don’t fit our [...]
It is said that beauty is in the eye of the beholder, but is the definition of a ‘pet’ also in the eye of the beholder? Associations are now faced with that question when it comes to whether Owners are allowed to keep free range chickens on the property. It is becoming more common for individuals in urban areas to [...]
Most of us associate ‘Holiday Light Displays’ around Christmas time. Many Associations have Rules and Regulations regarding ‘Holiday Lights,’ which I imagine I will be discussing here again in December. However, what do you do if your neighbor thinks ‘Holiday Light Display’ applies for Halloween? Personally, I think the thought of a ‘Halloween Light Display’ sounds much more intriguing and [...]
A Pennsylvania Association made the news for changing the Association’s ‘Pet Policy.’ The Association’s Bylaws previously allowed each Owner to have two dogs, but the Bylaws were amended so that each Owner can only have one dog. Currently, Owners in violation are receiving heavy fines. Also, according to the article, some Owners are refusing to give up a pet. The [...]
As you may know a lawsuit was recently filed by Plaintiffs George K. Staropoli and William M. Brown against the State of Arizona seeking a declaratory judgment that portions of SB 1454 (related to community associations) violated the Arizona Constitution. As it turned out, this lawsuit drastically impacted Legislation regarding community associations. As you are probably aware the portions of SB1454 that apply [...]
