Category: hoa

Help! Our Board Meetings are Getting Out of Control with Conflict. What Can Our Board Do?

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 [...]

How Do You Feel About Mandatory Board Member Education? Good or Bad?

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 [...]

Tips for the Community Association President

• The president must set the example and follow all governing documents and rules and regulations. • You cannot do it all. You are the leader and guide, but you must accept responsibility for getting things done. You have been elected to execute decisions made by the board and to hold yourself and association members accountable to the provisions in [...]

A Board Code of Conduct – Good Idea or Bad Idea?

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 [...]

Emergency Meetings

By Beth Mulcahy, Esq. During the Summer months, there are occasionally emergencies (such as flooding or monsoon/microburst damage) that require immediate board action. In these circumstances, the board can suspend the 48 hours notice of meeting to the membership required by Arizona law and conduct an emergency board meeting. Under Arizona law (A.R.S.33-1804 and condo A.R.S. 33-1248), an emergency meeting [...]

THE ASSOCIATION HAS BEEN SERVED WITH A LAWSUIT…WHAT SHOULD WE DO NOW??

The normal emotions that rise to the surface when served with a lawsuit are fear and anger, but this is not a time to allow emotions to take control. There are clear actions that the association should take to protect the board and the association. 1. Immediately contact the association’s attorney and insurance carrier. This will allow the attorney time [...]

Reserve Studies 411

by Beth Mulcahy, Esq. Our association board is considering hiring a company to prepare a reserve study but we aren’t really sure what a reserve study is. Can you define a reserve study for us? How much do reserve studies cost? A reserve study is a budgeting guide that provides a comprehensive plan that shows an association how much is reasonable to [...]

The 4-1-1 on Fair Housing Laws: A Quick Overview

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 [...]

What do I need to know when our association goes into transition?

by Beth Mulcahy, Esq. Question: Our association is about to transition from developer to owner control. Do you have any advice on this process? Answer: Yes, I do! Our firm has successfully helped numerous associations through the transition process. Transition from developer control occurs when control of the association shifts from the developer to the owners. The transfer of control can occur [...]

2016 Summary of Pending Arizona Legislation regarding Community Associations: April 25, 2016

Dear Cyber-Followers: After 103 days in session, 106 bills have passed and 105 have been signed by Governor Ducey. Last week was the third week of budget discussions at the Arizona Legislature. None of the five (5) community association bills we are monitoring have moved an inch in 3 weeks due to the budget negotiations. It is anticipated that once [...]

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