Dear Cyber-Followers: It was another interesting week at the Arizona Legislature! After 96 days in session, 106 bills have passed and 105 have been signed by the governor. Last week was all about the budget and everything else was placed on a giant “pause”. It is rumored that the budget will be passed this week and once the budget [...]
By Beth Mulcahy, Esq. Yes, there is! There is often confusion in the community association industry regarding the difference between a “disclosure fee” and a “transfer fee”. Can an association charge a disclosure fee and/or a transfer fee, and, if so, how much? Disclosure Fees An association may charge a “disclosure fee” to compensate the association for the costs incurred [...]
By Beth Mulcahy, Esq. It’s that time of the year again… Fiscal year 2015 has ended for most of our association clients and boards are now considering the next requirements with regard to the association’s 2015 financial books and records. Many boards have contacted our office asking if an association is required to have an audit done by a CPA [...]
Dear Cyber-Followers: It was another busy week last week at the Arizona Legislature! After 82 days in session, 106 bills have passed and 89 have been signed by the governor. Last week, the first community association bill was signed by Governor Ducey (HB2172, Design; Architectural Committees; Review). Under HB2172, a board or an architectural committee’s approval of construction projects, [...]
Dear Cyber-Followers: It was a busy week last week at the Arizona Legislature! Many of the committees in the Arizona Legislature finished hearings last week and now it is “game time” for final voting by legislators on community association bills. Currently, 88 bills have passed and 73 have been signed by the governor (with 15 bills still waiting to be [...]
By Beth Mulcahy, Esq. Questions: Is our association required by Arizona law to post the agenda prior to the regular board meeting? Are owners entitled under Arizona to receive an agenda if they attend a regular board meeting? Do you suggest boards use an agenda at a regular board meeting? Can you provide me with a sample agenda for a [...]
Dear Cyber-Followers: We are 68 days into the 2016 legislative session! A typical goal for each legislative session is to have all work finished by the 100th day. In 2015, the Arizona legislature finished its work surprisingly fast (in 81 days). It is unlikely that this session will end that early this year, however, it is anticipated that the session [...]
Dear Cyber-Followers: It has been a quiet two weeks for community association bills at the Arizona Legislature (trust me, this is a good thing!). There have been no community association bills passed by both the House and the Senate and signed by the Governor yet. We are closely watching the six following bills for a full vote (SB1496, Homeowners’ Associations, [...]
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 [...]
Dear Cyber-Followers, Here we are in Week 9 of the Fifty-Third Regular Session of the Arizona Legislature. As you know, we have been closely watching the bills relating to community associations over the last 9 weeks. There were only 3 bills with activity last week and they are all listed on page two of our updated 2016 Pending Bills Summary. [...]
