Pursuant to ARS Section 10-3708, a written ballot may be delivered via an online voting system so long as the online voting system: (1) Authenticates the member's identity; (2) Authenticates the validity of each electronic vote to ensure that the vote is not altered in transit; (3) Transmits a receipt to each member who casts an electronic vote; and (4) [...]
Over the last 25 years, I have seen plenty of dysfunction amongst HOA/condo board members. When board members are constantly fighting between each other it makes it extremely difficult for the board to accomplish anything. Each volunteer board of director has a fiduciary duty and must act with the association’s best interest in mind. When board in-fighting gets to the [...]
Here are some suggestions for HOAs/Condos on handling issues or problems with a Vendor... COMMUNICATION! Effective communication is a cornerstone of any important relationship. 1. Look at the Contract. Is the contractor living up to the terms of the contract? Document any things the contractor is not doing pursuant to the terms of the contract. 2. Meet with the manager [...]
Over the past few months, our law firm has seen an increase in the number of petitions being filed with the Arizona Department of Real Estate (ADRE) against HOAs/condos for alleged violations of CCRs or state law. Here’s a quick overview of the ADRE process and some tips for HOAs/condos in this situation now or in the future. In 2011, [...]
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 [...]
As of last week, according to ADHS, over 40% of Arizona’s population has received at least one dose of the vaccine. As you may have heard, the CDC has released a new set of mask guidelines for vaccinated people. If you are an Arizonan that is fully vaccinated against COVID-19, the CDC’s new guidelines suggest that you can take your [...]
Sales of electric and plug-in hybrid vehicles hit the two million mark in the United States in 2019, and continue to grow at a rapid pace. According to EV Sales Blog, registrations of plug-in electric cars rose 136% year-over-year for the period ending in February 2021. And with more auto manufacturers adding electric vehicles to their lineups, sales are expected [...]
Some Arizona associations are currently facing the challenge of dealing with owners who are habitually behind on their assessment payments. Sometimes these owners don’t remit payment for several years, and, some owners withhold assessments for months until they are finally contacted by the association. Honestly, right now, Arizona HOAs/condos shouldn’t have a large number of owners not paying assessments. The [...]
I was recently asked the following question… The treasurer for our association is refusing to give other board members any of our association’s financial records, including bank statements. 3/5 of our board members worry that the treasurer may be embezzling the association’s money. What can we do as a board to get this situation under control? One of a board [...]
I have seen a recent uptick in clients and my seminar attendees asking questions about The Board of Director's Code of Conduct. A Code of Conduct describes the expectations of board members during, and in some cases after, their service to the community. While many of the issues addressed are already codified by Arizona law, adoption of a written, signed [...]
