The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling in a Fair Credit Reporting Act class action, determining that the defendant’s decision to access the plaintiff’s credit report in order to obtain a mailing address so it could attempt to collect on a debt was neither willful nor a violation […]
Assistance Animals (AZ)
A recent case in Pennsylvania, U.S. v. The Dorchester Owners Association, No. 20-1396 (E.D. Penn. Jan. 25, 2023), ruled that The Dorchester Owners Association (“Association”) engaged in discrimination in violation of the Fair Housing Act (“FHA”) in connection with requests for assistance animals. Read the article………………………..
Understanding Kalway v. Calabria Ranch HOA (AZ)
Kalway v. Calabria Ranch HOA LLC arose from a dispute between a homeowner, Maarten Kalway, and his homeowners association, Calabria Ranch HOA LLC. Kalway is a case that affects all Arizona HOAs. The dispute was over amendments to the governing documents. The Arizona Supreme Court ruled that the Association did not provide proper notice to, […]
Hot Topic Alert: Flags in Arizona HOAs and Condos
Flying flags in Arizona HOA and condo associations is a hot topic in Arizona this week! Between the pending flag bills currently in the Arizona Legislature and a recent news story and TikTok Video regarding homeowners in Queen Creek wanting to fly or hang a Pride flag on their property, it is a good time […]
Association Contracts, What to Look for to Protect Your HOA
HOAs often enter into contracts with contractors and vendors, but these agreements can contain hidden pitfalls that can cause trouble down the road. To ensure that your HOA is protected and avoids any unwanted surprises, it’s important to evaluate each contract carefully before signing. Here are some key factors to consider: Read the article………………………..
Help! We’re Having Difficulty Finding Vendors and the Board Wants to Hire an Unlicensed Painting Contractor (AZ)
I recently received a question at a seminar I was teaching regarding the hiring of vendors. An association was having difficulty finding a licensed and bonded painter to paint the exterior of all the buildings at the association and was considering hiring an unlicensed or bonded painter to do the work. The association was thrilled […]
Arizona Legislative Update for 2022
House Bill 2158: Political Signs and Assemblies The legislature amended laws related to political signs and assemblies, Arizona Revised Statutes §§33-1261 and 33-1808. This legislation applies to both planned communities and condominiums. Read the article………………………..
When to Use a Code of Conduct for Board Members
Our firm recently received the following question at a free virtual class we were teaching… “We have a candidate running for our Board who previously served on the Board. This candidate was asked to leave the Board at that time for engaging in unprofessional behavior. What can we do if this person is elected to […]
Be Wise When it Comes to Volunteers
It is common for associations to create community engagement events where they seek volunteers to participate in bettering the community – especially at this time of the year when associations have spring cleaning on their mind! Such “boots on the ground” projects in which associations may look for volunteers include painting curbs red, community clean-up, […]
Defamation
In the past two years, I have seen a significant increase in ‘bad’ behavior among residents. Whether verbal altercations, email campaigns designed to intimidate and harass or yard signs with insulating messages. Managers and board directors are suffering with the stress, anxiety and fatigue of dealing with such behavior. Read the article………………………..
How to Handle a Short Term Rental Violation? (AZ)
Question: We have a resident that has their casita and home on VRBO and Airbnb as a short term rental despite the fact that short term rentals are against our association’s CC&Rs. He has received notice and is now being fined, however refuses to pull the listing. Does our HOA have any legal actions we […]
HOA RFP Specifications
When selecting vendors to perform work or other services for an HOA, all Board Members must be involved throughout the bidding process. Before obtaining bids, the Board should thoroughly review the Association’s governing documents to ensure that the bid selection process complies with the rules and regulations. Read the article………………………..
How To Properly Establish and Enforce Parking Rules in an Arizona HOA
As an HOA you need to ensure that you have provided means by which the cars in your communities are adequately regulated in order to achieve cohesion between homeowners. While many HOAs already have these parking rules in effect, some may not realize that their rules do not comply state and federal law or may […]
There Are Limitations On The Fines And Penalties An HOA Can Impose For Violations (AZ)
Homeowners are often surprised to receive monetary penalties for hundreds, or even thousands of dollars, for seemingly minor violations of the association’s governing documents. Although HOA’s may impose fines if they are authorized to do so by those governing documents, there are limitations on how such fines and penalties must be implemented and even vague […]
It’s Time: Collection of HOA/Condo Assessments (AZ)
Before an Association can turn a file over to a law firm for collection of delinquent assessments from an owner, Arizona law requires the following: Read the article………………………..
How to Increase HOA Homeowner Participation
An effective way to increase homeowner participation in homeowner associations (HOAs) is to encourage homeowners to get involved in events and to volunteer for the HOA Board of Directors or recognized committees. As obvious as this may sound, HOA boards and Committee members must find creative ways to increase community participation. In this article, we […]
It’s Time to Implement Best Practices for HOA Cyber Security
There is no question that digital solutions and online platforms can save tons of time for homeowners associations. Every paper process that can be replaced with a digital solution is probably worth exploring. The only problem with online solutions versus traditional paper document storage is the increased risk for hacks that put member and association […]
Arizona Prop 209: The Predatory Debt Collection Protection Act and How It Impacts Arizona HOAs
Arizona Proposition 209, otherwise known as the “Predatory Debt Collection Protection Act,” will directly impact homeowners associations and planned communities. Prop 209 states that an HOA will be limited in its ability to garnish a delinquent owners’ earnings or bank account. This is especially important for board members to understand as garnishment can be a […]
What should you do if your HOA denies your project?
People who move into a neighborhood a homeowners’ association governs know that they will have to follow the rules of that HOA. It’s advisable to review those rules so you can ensure you comply with them. Read the article………………………..
Contracting Around the Constitution?
The Goldwater Institute filed a brief in the Arizona Supreme Court last week urging the justices to review a case in which lower courts declared a law unconstitutional—and then said it could be enforced anyway. At issue was a contract in which the parties agreed to be bound by that law before it was declared […]
How to Handle Records Requests by Owners (AZ)
When an owner or member makes a records request it is important to act quickly. Once an owner or member makes a records request, Arizona law requires that all financial and other records of an association must be made reasonably available for examination by any owner or member within 10 business days from the date […]
How to Handle Rogue HOA Board Directors in Arizona
Every now and then, you come across a homeowners association board that has one board member who tries to take too much control, or overexert their authority. What recourse do you have when an HOA director goes rogue? Read the article………………………..
How to Effectively Handle and Avoid Most Negative News Coverage as an Arizona HOA
Whenever you see a story on the news about an HOA, the odds of it being positive are low. As a board member of an HOA in Arizona, your instinct kicks in, and you want to know what they are doing wrong. So, you jump on your laptop, conduct research on HOA Arizona bylaws or […]
6 Essential Tips for HOA Directors to Consider When Selecting a Management Company (AZ)
Finding the right HOA management company is one of the most important things the Board of directors can do to make sure their community is well run. An HOA management company takes on many of the day-to-day responsibilities of running the association. Directors serving on the Board are volunteers, and often have their own careers. […]
Cyber Security In HOAs (AZ)
In 2021, the average number of cyber security attacks increased by over 15%.[1] LinkedIn was source of the largest data breach in 2021 when over 700 million files were stolen. An increase in cyber related attacks should have everyone reviewing their cybersecurity plan. Read the article………………………..
Breed Restrictions (AZ)
Pets are like members of the family, so any type of HOA restriction that places limitations on an owner’s right to keep his/her pets within the home can be met with serious resistance. Breed specific restrictions, which are a subset of pet restrictions, are also very controversial. In the context of a Condominium, certain breeds […]
6 Tips for Planning HOA Events (AZ)
As the cooler temps are amongst us, what better time to get together for community activities? There is much to do during the fall months, no matter where you live. Let us talk about some fun events HOA Boards could offer in your community this fall and, most importantly, how to execute them effectively! Read […]
HOA Selective Enforcement
Owners purchase properties within homeowners’ associations under the expectation that the governing document provisions are being fairly and consistently enforced with all members alike. One of the Board’s primary responsibilities is enforcing the association’s governing documents. Keep in mind that if an HOA is inconsistent in its enforcement of specific rules, in the eyes of […]
ARIZONA HOA LEGISLATIVE UPDATE 2022
This year’s Arizona legislative session adjourned on June 25, 2022. The general effective date for new laws is September 24, 2022. Summaries for the new and/or amended statutes that impact planned communities and condominiums are below and the full text of the statutes can be found at www.azleg.gov. Updated copies of the Arizona Condominium Act […]
Why Arizona HOAs Should Consider Electric Vehicle (EV) Charging Stations for Their Community
The rapidly increasing shift from conventional vehicles to electric vehicles has led several states, including Oregon, California, Hawaii, Washington, Florida, and Colorado, to draft specific laws for them. This includes provisions regarding the installation of charging stations for the vehicles. In addition, while commercial charging stations are being built, various residential areas are also equipped […]
HB2275: CONDOMINIUM TERMINATION; UNIT OWNERS (AZ)
On March 30, 2022, Governor Ducey signed HB2275: CONDOMINIUM TERMINATION; UNIT OWNERS; HOAs into law which amends the Condominium Act. This new law applies only to condominiums and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.’s easy to understand explanation of the new law. Please contact Mulcahy Law […]
Are HOA Debts Subject to the FDCPA? (AZ)
he Fair Debt Collection Practices Act (“FDCPA”) is a federal law that establishes protection for consumers from abusive debt collection practices. The FDCPA covers debt used for “personal, family, or household purposes” incurred by a consumer. Generally, when people think of the FDCPA, they are considering credit card debt, third party-debt buyers, medical bills, student […]
HB2010: Flags; Homeowners’ Associations (AZ)
On March 30, 2022, Governor Ducey signed HB2010: FLAGS; HOAs into law which adds a new section to the Planned Communities Act (A.R.S. Section 33-1261 and 33-1808). This new law applies to both planned communities and condominiums and will become effective on September 24, 2022. Read the article………………………..
HB2158: Homeowners’ Associations; Political; Community Activity (AZ)
On March 30, 2022, Governor Ducey signed HB2158: POLITICAL; COMMUNITY ACTIVITY; HOAs into law which adds a new section to the Planned Communities Act (A.R.S. Section 33-1261 and 33-1808). This new law applies to planned communities and condominiums and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C. ‘s […]
New Law! HB2131: Artificial Grass Ban Prohibited; HOAs (AZ)
On March 30, 2022, Governor Ducey signed HB2131: ARTIFICIAL GRASS BAN PROHIBITED; HOAs into law which adds a new section to the Planned Communities Act (A.R.S. Section 33-1819). This new law applies only to planned communities and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.’s easy to understand […]
Most Common Issues that Lead to HOA Litigation in Arizona
HOA litigation might not be as common as other types of business litigation, but claims against a homeowners association or planned community can be expensive and prolonged. They can become a central focus for the board of directors and divisive for the community. Our firm has represented hundreds of associations and planned communities in Arizona […]
2022 Legislative Update (AZ)
The Arizona Legislature passed three bills, which Governor Ducey then signed, that have a direct impact on the community association industry. House Bill 2158, House Bill 2131 and House Bill 2010 will become law on September 24, 2022. Below is an overview of these three new laws. Read the article………………………..
HOA Docs and Priority: What’s Most Important? (AZ)
The sheer number of documents, rules, and regulations that govern HOAs can be downright overwhelming and confusing for HOA Board members and community homeowners alike! In order to avoid misunderstandings at to which rules or standards apply when, it is important to understand which governing documents take priority for your HOA. Read the article………………………..
Is your Sun City HOA in a volunteer crisis? (AZ)
As a director of the Condo Owner’s Association of Sun City, I hear over and over from condo associations we counsel (of which there are more than 380 associations in Sun City), “We cannot get volunteers to be on our board?” Read the article………………………..
Are HOA Debts Subject to the FDCPA? (AZ)
The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that establishes protection for consumers from abusive debt collection practices. The FDCPA covers debt used for “personal, family, or household purposes” incurred by a consumer. Generally, when people think of the FDCPA, they are considering credit card debt, third party-debt buyers, medical bills, student […]
The Increasing Need For Electric Charge Stations And Common Sense Rules (AZ)
From 2020 to 2021, the sales of electric vehicles doubled.[1] As gas prices continue to hit record highs, more people are turning their eyes towards an electric vehicle. With the rise in popularity of electric vehicles, community associations must address owners and residents’ ability to charge them. Read the article………………………..
What You Need to Know: HOAs and Legal Obligations (AZ)
Because HOAs and their Boards can exert such an influence over community members’ lives, it is important to understand what they are legally required to do and what they are prohibited from doing. And that requires understanding what HOAs even are in the first place. Read the article………………………..
Emergency Response Vehicles (AZ)
Most Planned Community Governing Documents include restrictions regarding the types of permitted vehicles and where those vehicles may be parked/maintained. However, the Arizona Legislature carved out specific exceptions for certain emergency response vehicles. Read the article………………………..
Is your HOA failing to have open meetings? (AZ)
Your homeowners association (HOA) helps maintain the neighborhood’s appearance and property values in your community. You probably paid a premium to purchase a home located in a respected HOA neighborhood, and you probably also pay association fees every month in addition to your mortgage and escrow contributions. Read the article………………………..
Can Your HOA Prohibit Short Term Rentals in Arizona?
As the popularity of short term rentals continues to grow, it is important for associations and planned communities to stay up to date on Arizona short term rental laws and how they apply to HOAs. We put together this article as an update to our previous post on some of the most common questions we […]
Sun City beginnings featured startup for two major community groups (AZ)
The story of Sun City Home Owners Association’s early history started by describing how those first 1,400 residents arrived in Sun City in 1960 and almost immediately recognized they would need to identify leaders to represent the fast-growing population. Read the article………………………..
6 Helpful Ideas to Increase Participation in Your HOA
Strong, healthy communities require participation and cooperation from HOA Board members, homeowners, volunteers, and HOA managers. But it seems that most people are busier than ever and being available for HOA meetings or events doesn’t always make it to the top of their to-do list! Read the article………………………..
What are Federal HOA Laws and How Do They Impact Arizona HOAs?
Arizona has many state specific laws for planned communities and condominiums, but there are several overriding federal laws that apply to all HOAs. All HOA board members and individual property owners should understand the federal HOA laws that apply to their association and how they impact operations in Arizona HOAs. Read the article………………………..
How Associations Can Successfully Manage Inflation (AZ)
In recent months, inflation in the United States has reached one of its highest levels in years at 9.1%. In light of this, HOAs/condos must be prepared to adjust their budgets and respond to inflation’s impacts through the use of loans, increased assessment rates, and reserve accounts. Read the article………………………..
What Arizona HOAs Need to Know About HB2131 and Artificial Turf Laws in Planned Communities
It should come as no surprise to Arizona residents that the state needs to find ways to effectively conserve water. This can be at odds with Arizona associations and planned communities that restricted members from replacing natural grass with artificial turf. In response to some property owners that faced substantial fines from their HOA for […]