While it is difficult to predict 2021 with 100% accuracy (hello…2020 COVID-19 pandemic!), here are our law firm’s 10 predictions for HOA and condo boards/managers in 2021.
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- Continued Use of Virtual Meetings: Boards will continue to conduct virtual board/annual meetings until there is widespread vaccination available (and maybe even beyond!). I encourage boards and managers to check out our Cheat Sheet on virtual meetings to learn how to have a successful virtual meeting. Cheat Sheet on Tips for Conducting Virtual Board Meetings in COVID-19 Pandemic
- COVID-19 Residents: Unfortunately, COVID-19 will continue to spread in Arizona HOA and condo communities until there is widespread vaccination available. The Arizona Department of Health Services data dashboard regarding COVID-19 is tracking increases in the number of COVID-19 positive cases. When an association has verified that a resident tested positive for COVID-19, your association should notify all residents of this news. Associations should continue to give reminders about being safe pursuant to CDC recommendations. And, associations should have a plan for sanitization for your common areas pursuant to CDC recommendations. Cheat Sheet on Associations and COVID-19: A Plan for Reopening of HOA and Condo Common Areas
- Boards Will Need Resources: Boards will still need to “scramble” to respond to Arizona and national directives re: COVID-19. Mulcahy Law Firm, P.C.’s Facebook page and our website are great resources to check frequently to make sure that your association is in compliance with these directives.
- Signs and Flags: Displaying political signs and flags will continue to be “hot topics” in associations: Be sure to check out these resources to find out more information on Arizona law regarding these topics: Cheat Sheet on The Top 10 Things You Need to Know About Community Association Law /Blog: Quick 4-1-1 on Political Signs /Blog: Political Signage/Activities
- Difficult residents/owners will continue to be “difficult” in 2021: Many owners/residents are home during the pandemic due to distance learning and virtual jobs. When owners/residents are stuck at home for a long period of time, we’ve noticed that there is more fighting and more complaining. Here’s a link to our law firm’s cheat sheet on Dealing with Difficult People to assist your Association as you navigate 2021. Cheat Sheet on Dealing With Difficult People & Harassment
- Rentals: Pre-pandemic, short term rentals and rentals in general were the hottest topic in our HOA/condo industry and this will continue to be on the “hot” burner in 2021. Review our Cheat Sheet entitled, Amending Association Documents & Implementing Rental Restrictions, for more on this topic.
- Good Time to Amend Docs: Many associations will use the pandemic downtime to amend their outdated CC&Rs, Bylaws and Rules. For a foolproof strategy on how to successfully amend your association’s documents, click on our cheat sheet entitled, Amending Association Documents & Implementing Rental Restrictions.
- Prop 207 – Use of Recreational Marijuana within Associations will be an Issue: During the 2020 General Election, Arizona voters approved Proposition 207. Proposition 207 legalizes and governs the adult use, regulation and taxation of recreational marijuana. County, City and/or Town ordinances may enact further restrictions/regulations on recreational marijuana. The primary concern for HOA and condo boards is whether it will result in increased recreational marijuana use on the common areas and/or individual lot/units (specifically within condominiums with shared walls, ventilation, etc.), and, if so, how community associations may regulate/govern such use. For a deep dive on this topic, please read our recent blog article Legalized Marijuana & Community Associations.
- New Legislation: In 2020, no new HOA/condo bills were passed into law due to the short legislative session due to COVID-19. Because of that, we expect 2021 to be a big legislative year for HOAs and condos. Each week while the legislature is in session, our firm will post an update and summary on the current status of all HOA/condo bills: 2021 Summary of Pending Arizona Legislation Regarding Community Associations. To obtain a copy of this update/summary throughout this legislative session, please visit our website under the Cheat Sheet Tab (type “2021 Summary” in the Search Our Publications area for the most recent update).
- Communication is Key: Associations that communicate the best will have the fewest problems in 2021. Board members and managers need to communicate with their owners as often as possible. Cheat Sheet on: Secrets of Successful Associations.