Neighbors are bringing our their Red, White and Blue in preparation for the upcoming patriotic holiday. Now is great time to review Arizona’s laws regarding flags in HOAs! Arizona law is quite clear on this issue. Pursuant to Arizona law (A.R.S. Section 33-1808 (A) and (B) for planned communities and 33-1261 for condominiums), an association cannot prohibit the outdoor front [...]
First off, flag the account – “BANKRUPTCY FILE”! If you have received notice of the bankruptcy this more than likely means that the association has been included in the debtor’s (owner or former owner) bankruptcy as a creditor. The bankruptcy filing initiates an automatic stay in place, which means the association cannot proceed with collection against a debtor. It [...]
Dear Cyber Followers: April 18, 2017 was the 100th day that the Arizona Legislature has been in session. Our firm is closely monitoring 14 community association-related bills at this time. For a copy of our weekly legislative update summary, please click here: This week's Legislative Update It has been a slow year for community associations so far in the Arizona legislature. [...]
Happy Easter and Passover to everyone! As you may know, our firm posts an update to any bills pending in the Arizona legislature every week while in session. I haven’t been blogging too much about what is going on at the Arizona Legislature since it has been a quiet legislative year for community associations (thank goodness). Right now, the legislature [...]
By Beth Mulcahy Esq. Question: Our association has an owner who requests to review records on a monthly basis. This is starting to become a pain and it requires a lot of time. What are our responsibilities under Arizona law to provide these records to this owner? Pursuant to A.R.S. 33-1805 (Planned Community)/ A.R.S. 33-1258 (Condo), all financial and other [...]
Beth Mulcahy, Esq. A very common question that I receive from planned community boards is: “can we prohibit owners from installing solar panels on their Lot?” The short answer is “no”. Arizona law, specifically, Arizona Revised Statute Section 33-1816 of the Planned Community Act, addresses installation of solar panels or solar energy devises in a planned community and sets [...]
By: Beth Mulcahy, Esq. Here are our Quick Tips for the Annual Budgeting Process that will make sure your board is assessing the current and future needs of the association. In a planned community, the budget must be approved by the board, but there is no requirement that the budget be approved by the membership prior to the start of [...]
By: Beth Mulcahy, Esq. I love Halloween! It is one of my favorite holidays of the year. It’s only October 18th and I have already placed colored lights outside and have decorated our front door with a banner, scary door hanger with noises, a skeleton, pumpkins and a black cat. My children (ages 8 and 9) love all the decorations and, hopefully, so do our neighbors (LOL)! [...]
“There are three types of community management. Volunteer or self-management. The community association is managed by volunteer members of the board and association. Association-employed manager. An individual is directly employed by the association. Management company. The manager is a representative of a firm contracted by the association. The role of a professional community association manager is to: 1) Provide information, [...]
By Beth Mulcahy, Esq. Dog barking in associations and complaints by the surrounding owners are a common problem in community associations. Police state that barking dogs rank as one of the highest number of complaints they receive. Set forth below are tips and ideas that might help quiet the neighborhood: Contact Dog Owner: The complaining parties should contact the dog’s owner [...]
