Insurance policies can be convoluted and confusing. Diligently reviewing your community association’s insurance policy to ensure that coverage (1) meets the minimum requirements imposed by the Governing Documents and/or applicable Arizona law (specifically as to Condominiums); and (2) meets the Board’s expectations, is vital. In Dollar Point Association, Inc. v. United States Liability Insurance Company, No. 2:22-cv-0995-KJN (E.D. Cal. May [...]
As evidenced by the rampant door-to-door solicitations, Arizona solar companies are becoming more and more prevalent. Arizona law (and the Arizona weather) favors the use of solar energy devices by homeowners within community associations. In fact, pursuant to A.R.S. Section 33-439(A), “[a]ny covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or [...]
When it comes to community associations, no news is good news. Unfortunately, when community associations do make the news, the media coverage they receive is often negative. Below are some tips to follow if your association is contacted by the media. Contact your community association attorney! Your attorney can help develop a strategy and assess the issues’ merits. Designate a [...]
On March 30, 2022, Governor Ducey signed SB1168: VACATION RENTALS; SHORT-TERM RENTALS; ENFORCEMENT; HOAs into law which amends the Condominium Act and Planned Communities Act (A.R.S. Section 9-500.39 and 11-269.17, Repealing Section 42-1125.02, Section 42-5042, Relating to Vacation Rentals and Short-Term Rentals). This new law applies to planned communities and condominiums and will become effective on September 24, 2022. Set [...]
Self-help, which typically means a community association's right to cure a violation on a lot/unit, is somewhat of a controversial legal remedy. The authority to exercise self-help, circumstances under which self-help is allowable and/or advisable, and the proper protocol (i.e., procedure, notice, etc.) are all dependent upon the provisions in the governing documents. However, if your community is considering exercising [...]
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 [...]
By: Beth Mulcahy, Esq. We are lucky to live in a place where we don't have to worry about extreme weather due to winter storms like other places in the country are experiencing. But, come summertime, you never know when a big dust storm or heavy monsoon may hit! Is your Association prepared? Now is a good time to put [...]
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. Here are our Quick Tips for the Annual Budgeting Process that will make sure your board is assessing the current and future needs of the association. In a planned community, the budget must be approved by the board, but there is no requirement that the budget be approved by the membership prior to the start of [...]
By Beth Mulcahy, Esq. Provide social opportunities in the association where people get to know each other and have fun! People want to help people that they know personally. The best way to get volunteers is to ASK! Advertise for volunteers in as many different venues as possible. Repeated pleas will have an effect. Volunteers want constructive meaningful work, [...]
