First off, flag the account – “BANKRUPTCY FILE”! If you have received notice of the bankruptcy this more than likely means that the association has been included in the debtor’s (owner or former owner) bankruptcy as a creditor. The bankruptcy filing initiates an automatic stay in place, which means the association cannot proceed with collection against a debtor. It [...]
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. As you may know, in 2013, the State of Florida adopted a new law that requires board members to follow certain “certification procedures”. Under Florida’s law, within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the [...]
By Beth Mulcahy, Esq. I am often asked whether a board member code of conduct is a good idea or a bad idea. It really depends… Some boards need a code of conduct to clarify appropriate and not appropriate conduct by board members. Other boards don’t seem to need or want a code of conduct. Unless an association’s documents state [...]
By Beth Mulcahy, Esq. Over the past several years, there have been articles on national and state levels regarding whether or not an owner can display a flag on his/her/their property in an association. Arizona law is quite clear on this issue. Pursuant to Arizona law (A.R.S. Section 33-1808 (A) and (B) for planned communities and 33-1261 for condominiums), [...]
By: Beth Mulcahy, Esq. Does your association have nagging questions regarding the Fair Housing Act? How should associations handle "group homes", service animals, emotional support pets, and "55 and Over Housing"? Has your association's board recently received a complaint regarding a Fair Housing violation? If so, this article provides an excellent overview of the Federal Fair Housing Act. FEDERAL FAIR [...]
by Beth Mulcahy, Esq. Working with many association documents over the years has given me insight regarding how to best approach the amendment process for such documents. My secret to successfully amending CC&Rs is using a five step plan. Associations want to amend their documents for the following reasons: to delete or modify restrictions that are outdated, ambiguous or unreasonable; [...]
Dear Cyber-Followers: It was another interesting week at the Arizona Legislature! After 96 days in session, 106 bills have passed and 105 have been signed by the governor. Last week was all about the budget and everything else was placed on a giant “pause”. It is rumored that the budget will be passed this week and once the budget [...]
Dear Cyber-Followers: It was a busy week last week at the Arizona Legislature! Many of the committees in the Arizona Legislature finished hearings last week and now it is “game time” for final voting by legislators on community association bills. Currently, 88 bills have passed and 73 have been signed by the governor (with 15 bills still waiting to be [...]
By Beth Mulcahy, Esq. Questions: Is our association required by Arizona law to post the agenda prior to the regular board meeting? Are owners entitled under Arizona to receive an agenda if they attend a regular board meeting? Do you suggest boards use an agenda at a regular board meeting? Can you provide me with a sample agenda for a [...]
