Pet restrictions in community associations can be a very controversial topic. Animal lovers consider dogs (and pets in general) to be members of the family, so any type of restriction that places limitations on an owner’s right to keep his/her pets within the home can be met with serious resistance. Breed specific restrictions, which are a subset of pet restrictions, [...]
Did you know that in April 2017 the Federal Aviation Administration (FAA) established air space regulations over 133 military locations in the United States? Pursuant to 14 CFR 99.7, through an agreement with the Department of Defense, the FAA has the authority to establish special security instructions for the operation of drones in order to protect the nation's security. The [...]
How far should a homeowners association go to enforce speeding, traffic violations and reckless driving within their community? What should a Board of Directors do when a homeowner or resident speeds or endangers the safety of others in the association with their driving? In some states around the United States, including Illinois and Florida, there is a growing trend among [...]
Summer is officially here. A few years ago, I witnessed the heroic efforts of a bystander revive a young child that nearly drowned at a community pool. Needless to say, as a mother to two young children, I was rattled to the core by the events of that day. Pool safety is something we all need to keep an eye [...]
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. 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)! [...]
By Beth Mulcahy, Esq. Over the past few years, our firm has heard horror stories from association boards and residents regarding owners, residents and vendors speeding and/or failing to obey traffic signals on association streets. Drivers who do not obey the speed limit within an association are a growing problem for community associations. Association residents want to feel safe in their [...]
By Beth Mulcahy, Esq. Unfortunately, this is a question that is frequently presented to our law firm. Usually, the story goes something like this… Disgruntled owner is unhappy about something in the association such as a violation letter received, a planned capital improvement project, a special assessment or an increase in assessment rate. The disgruntled owner becomes abusive to the [...]
By: Beth Mulcahy, Esq. and Jennifer Rentschler, Esq. Drones are Everywhere! If you haven't seen a drone yet, chances are you soon will. Drones were originally used for military purposes, but newer technology and falling prices have put drones - many with cameras attached - in the hands of private citizens. For about $100 on Amazon.com, you, too, can own [...]
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 [...]
