On March 30, 2022, Governor Ducey signed HB2158: POLITICAL; COMMUNITY ACTIVITY; HOAs into law which amends the Condominium Act and the Planned Communities Act (A.R.S. Section 33-1261 and 33-1808). This new law applies to planned communities and condominiums and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.'s easy to understand explanation of the [...]
On August 22nd, a horrific shooting in Atlanta, GA took the life of a community manager and injured the building engineer at 1280 West Condominium. Mulcahy Law Firm, P.C. offers its most sincere condolences to the colleagues and family of community manager, Michael Shinners, and we wish the building’s engineer a full recovery. Although law enforcement has not yet revealed [...]
Most Planned Community Governing Documents include restrictions regarding the types of permitted vehicles and where those vehicles may be parked/maintained. However, the Arizona Legislature carved out specific exceptions for certain emergency response vehicles. Pursuant to ARS Section 33-1809[1], Notwithstanding any provision in the community documents, an association shall not prohibit a resident from parking a motor vehicle on a street [...]
Self-help, which typically means a community association's right to cure a violation on a lot/unit, is somewhat of a controversial legal remedy. The authority to exercise self-help, circumstances under which self-help is allowable and/or advisable, and the proper protocol (i.e., procedure, notice, etc.) are all dependent upon the provisions in the governing documents. However, if your community is considering exercising [...]
According to CNBC, as of July 12, 2022, inflation in the United States reached a staggering 9.1%. Citizens throughout the United States are experiencing steep price increases in almost every aspect of their daily lives. For example, grocery bills have gone up significantly and the price of gasoline has almost doubled. Businesses such as planned communities and condominiums are also [...]
Governing Documents commonly include a provision that the Board and/or Architectural Committee have a certain number of days to render a decision on an architectural application (e.g. 45 days from the date that the application is received), and failure to render a decision within that timeframe results in the application being considered approved. The Court of Appeals of Kentucky, in [...]
A crime free lease addendum is an addendum to a lease agreement (i.e. an agreement between a landlord and tenant) generally providing that the tenant, along with members of the tenant’s household, guests, etc. agree not to engage in criminal activity, with a breach resulting in termination of the lease agreement. We have had numerous clients contact our office to [...]
The HOT temperatures have neighbors escaping the heat at community pools and other bodies of water. For the fifth weekend in a row there has been a deadly water-related incident on Lake Pleasant, and there have been several other water-related accidents at private pools throughout the Valley since the beginning of the year. With Memorial Day weekend ahead, we want [...]
Recently our firm was contacted by an HOA that is considering the installation of AEDs (automated external defibrillators) throughout their community – this client provided potential common area installation sites including: the tennis courts, pickle ball courts, the pool deck, gym, and the clubhouse. What is an AED? An AED is a sophisticated but easy to use device that can [...]
Like it or not, virtual board and annual meetings are likely going to continue for Arizona HOAs and condos in the foreseeable future. There are many benefits of virtual board and annual meetings. Virtual meetings are more convenient for directors and owners, allowing individuals to attend from anywhere they have internet access. Increased convenience may lead to increased participation and [...]
