The Arizona Legislature began the 2023 session on January 9, 2023 and is considering numerous bills. While the legislature is in session, our firm periodically prepares and posts an updated summary of these proposed bills. A number of bills did not pass through committees in the required time. These bills will probably not continue to move forward. The most active [...]
Like it or not, virtual board and annual meetings are likely going to continue for Arizona HOAs and condos in the foreseeable future. There are many benefits of virtual board and annual meetings. Virtual meetings are more convenient for directors and owners, allowing individuals to attend from anywhere they have internet access. Increased convenience may lead to increased participation and [...]
Your board has received a board removal petition... What should you do next? The procedure to remove a single board member or multiple board members from the board is outlined in A.R.S. 33–1813 (for planned communities) or A.R.S. 33–1243 (for condominiums). It is important to note that this procedure does not apply to board members appointed by the developer and [...]
I’m often asked for a quick 5 minute summary of what board members need to know to stay out of trouble while they are serving on their board. Here is a quick overview of a board member’s responsibilities. 1. Run the association as a business (for example, use licensed, bonded and insured vendors). 2. Follow your association’s documents and the [...]
The ongoing global pandemic has created numerous challenges for community associations, which has further emphasized the importance of Board leadership. With that in mind, right now is a great time to focus on leadership qualities, several of which are discussed below in more detail: (1) Emphasizing Teamwork: Your Board can achieve success by acting as a team (consider participating in [...]
With election season upon us, it is important for board members and managers to be aware of, and prepared to address political hot button issues, including gun control. What are associations’ rights regarding gun control within the community, and how can the board effectively balance the associations’ right, owners’ rights and community safety? Relevant Laws The Second Amendment of the [...]
Author: Paige Marks, Esq. Arizona law requires associations to hold an annual meeting each year. Due to the COVID-19 pandemic, holding an annual meeting in person this year has not been an option for many associations and our firm has not advised in person meetings since around March 2020. Our firm is currently recommending that our clients hold their 2020 [...]
The Community Association Institute’s (CAI) College of Community Association Lawyers recently released a Civility Pledge to help homeowners associations adopt a model to facilitate better conversations and more effective communications among board members and homeowners. There are 4 pillars in the Civility Pledge, which all aim to increase transparency and civil conservation, while prohibiting personal attacks and hostility. In summary [...]
By: Beth Mulcahy, Esq. Happy New Year! The new year often brings the desire to get organized and clean things out to start fresh! As a Board Member, how do you figure out what can go and what needs to be kept? It is a big decision, but don’t be discouraged, here are a few tips you should keep in [...]
By Beth Mulcahy, Esq. Unfortunately, board meeting conflict is becoming a common question that our law firm receives. First, it is important to establish that name calling, interrupting and personal attacks should be prohibited at all board and committee meetings. Sometimes, the conflict is between Board Members themselves. Board Member to Board Member Conflict will bring the association board meeting productivity [...]
