Safety in Associations

I just received notification in the mail that a “group home” is moving into our HOA neighborhood. Is there anything the association can do to prevent this?

by Beth Mulcahy, Esq. Short answer: Probably not… Long answer: Here’s why… The Civil Rights Act of 1968 along with additional revisions and the Fair Housing Amendments Act of 1988 collectively are known as the Fair Housing Act. The Federal Fair Housing Act (FHA) prohibits discrimination based upon a person’s race or color, religion, sex (including sexual harassment), national origin, familial [...]

Help! I am a Board Member that is being harassed by an owner in our association… What can I do to stop the harassment?

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 [...]

Mulcahy Law Firm, P.C.: Our Board Just Received Notification that a Sex Offender Moved into our Association? What can we do about this?

By Beth Mulcahy, Esq. Unfortunately, our firm has received this question many times over the years. First, let’s talk about Arizona law. Arizona Sex Offenders Community Notification Statutes On June 1, 1996, the Arizona legislature adopted the Arizona Sex Offenders Community Notification Statutes (A.R.S. Sections 13-3821 to 13-3828). Under these laws, once a convicted sex offender is released from jail [...]

Mulcahy Law Firm, P.C.: Yes or No to Security Cameras

By Beth Mulcahy, Esq. Should associations implement greater measures to protect association members and association property? We see ever increasing acts of violence and vandalism, so are security cameras the answer? In Martinez v. Woodmar IV Condominiums Homeowners Association, Inc., 189 Ariz. 206, 941 P.2d 218 (Ariz. 1997), the guest of a tenant of a unit owner was injured in [...]

“All I Want for Christmas Is … a Drone?”

Just in time for the holiday gift-giving season, during which as many as one million drones are expected to be sold, the Federal Aviation Administration (FAA) announced last week that new rules and regulations regarding drone use are coming soon. The FAA has named a task force to develop a system for drone registration by mid-December of this year. The [...]

Is it True that the Arizona Department of Fire Building and Life Safety Hears Disputes Between Owners and Associations?

Yes, it is true that the Arizona Department of Fire Building and Life Safety hears disputes between owners and Associations. "In 2011, the Arizona Legislature passed legislation providing Arizona homeowners and condominium and planned community associations (HOA’s) a venue for resolving disputes. These administrative procedures provide an alternative to the civil court system and do not limit the legal rights of the [...]

“Oh no! I have a DRONE in my Backyard!”

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 [...]

Speeding in Community Associations… A Common Problem

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 [...]

Help! I am a Board Member that is being harassed by an owner in our association… What can I do to stop the harassment?

Our Board Just Received Notification that a Sex Offender Moved into our Association? What can we do about this?

By Beth Mulcahy, Esq. Unfortunately, our firm has received this question many times in 17 years. First, let’s talk about Arizona law. Arizona Sex Offenders Community Notification Statutes On June 1, 1996, the Arizona legislature adopted the Arizona Sex Offenders Community Notification Statutes (A.R.S. Sections 13-3821 to 13-3828). Under these laws, once a convicted sex offender is released from jail [...]

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Safety in Associations

I just received notification in the mail that a “group home” is moving into our HOA neighborhood. Is there anything the association can do to prevent this?

Mulcahy Law Firm, P.C.: Our Board Just Received Notification that a Sex Offender Moved into our Association? What can we do about this?

Mulcahy Law Firm, P.C.: Yes or No to Security Cameras

“All I Want for Christmas Is … a Drone?”

Is it True that the Arizona Department of Fire Building and Life Safety Hears Disputes Between Owners and Associations?

“Oh no! I have a DRONE in my Backyard!”

Speeding in Community Associations… A Common Problem

Help! I am a Board Member that is being harassed by an owner in our association… What can I do to stop the harassment?

Our Board Just Received Notification that a Sex Offender Moved into our Association? What can we do about this?

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