HB2298, which amends A.R.S. Section 33-1818 of the Planned Communities Act (it does not apply to Condominiums) was signed by the Governor on 04/18/2023. This new law will impact regulation of public roadways within Planned Communities. It is important to note that the substantive requirements set forth HB2298 only apply if your Planned Community meets all of the following criteria: [...]
HB2301, which amends A.R.S. Section 33-1808 of the Planned Communities Act and A.R.S. Section 33-1261 of the Condominium Act was signed by the Governor on 04/17/2023. This new law will allow a community association to prohibit a person who is not accompanied by an Association unit owner or resident from entering the Association premises if the Association restricts vehicular and/or [...]
HB2607, which amends A.R.S. Section 33-1813 of the Planned Communities Act and A.R.S. Section 33-1243 of the Condominium Act was signed by the Governor on 05/01/2023. This new law strictly penalizes a board of directors for failing to comply with timely noticing a board removal meeting. A.R.S. Section 33-1813 of the Planned Communities Act and A.R.S. Section 33-1243 of the [...]
SB1049, which amends A.R.S. Section 33-1808 of the Planned Communities Act and A.R.S. Section 33-1261 of the Condominium Act was signed by the Governor on 03/30/2023. This new law will prohibit community associations from prohibiting “[a]ny historic version of the American Flag, including the Betsy Ross Flag, without regard to how the stars and stripes are arranged on the Flag.” [...]
Pursuant to Arizona law (Planned Communities Act A.R.S. Section 33-1805 and Condominium Act A.R.S. Section 33-1258), community associations are required to make all financial and other records of the association reasonably available for examination by a member or a member’s designated representative. Records requests are frequently made in connection with a dispute with an owner, and oftentimes those requests may [...]
Mulcahy Law Firm, P.C. was recently contacted by a condominium Board grappling with a perplexing issues – an owner’s unattended vehicle, left idling for an extended period of time in their underground parking garage. The association reported that the car had been left for over 20 hours, and attempts to contact the owner were unsuccessful. While this may appear to [...]
Insurance policies can be convoluted and confusing. Diligently reviewing your community association’s insurance policy to ensure that coverage (1) meets the minimum requirements imposed by the Governing Documents and/or applicable Arizona law (specifically as to Condominiums); and (2) meets the Board’s expectations, is vital. In Dollar Point Association, Inc. v. United States Liability Insurance Company, No. 2:22-cv-0995-KJN (E.D. Cal. May [...]
As evidenced by the rampant door-to-door solicitations, Arizona solar companies are becoming more and more prevalent. Arizona law (and the Arizona weather) favors the use of solar energy devices by homeowners within community associations. In fact, pursuant to A.R.S. Section 33-439(A), “[a]ny covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or [...]
When it comes to community associations, no news is good news. Unfortunately, when community associations do make the news, the media coverage they receive is often negative. Below are some tips to follow if your association is contacted by the media. Contact your community association attorney! Your attorney can help develop a strategy and assess the issues’ merits. Designate a [...]
The recent takeover of Silicon Valley Bank (“SVB”) and Signature Bank by regulators is troubling to all industries in the U.S., including the HOA/Condo industry. The demise of SVB and Signature Bank raises important questions regarding the level of protection HOAs and Condos should have in place to keep their bank deposits safe. Bank failures are rare, but, when it happens, [...]
