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 [...]
Mortgage rates are not the only thing in real estate that is going up--For Sale signs are going up and they are here to stay. This month the Arizona Court of Appeals made a unanimous ruling that stated the provisions of Arizona’s Planned Community Act (Section 33-1808) regarding For Sale/For Rent signs trump any contrary provision in the Association’s governing documents. [...]
Amending an association’s Declaration can be a daunting task if you don’t have a strategy in place. If you are thinking of amending your association’s Declaration, the plan below will provide a strategy to help make the process easier. Also, if you have specific questions, the Mulcahy Law Firm would be happy to assist. 1. Requirements to Amend Almost always, [...]
As you may already know, on July 16, 2013, a lawsuit was filed seeking a declaratory judgment regarding whether Senate Bill 1454 enacted by the 2013 Arizona Legislature is unconstitutional. The portions of SB1454 that apply to associations are the following: a municipality or planning agency cannot require a planned community as part of a zoning ordinance or subdivision regulation, [...]
Are you dealing with a green pool or have a neighboring pool that has turned green due to lack of care? Pools filled with algae, “green swimming pools”, can breed mosquitoes that transmit diseases such as West Nile virus. Report a green pool to Maricopa County Environmental Services at: 602.506.0700, or www.maricopa.gov/wnv Tips for keeping pools clean: • Make sure [...]
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 [...]
by Beth Mulcahy, Esq. Meeting minutes are the association’s only official record of its board, committee or membership decisions and actions; therefore, it is important that they be recorded properly. The Nonprofit Corporation Act at A.R.S. Section 10-11601 states a corporation shall keep as permanent records minutes of all meetings of its members and board of directors, a record of [...]
