Mulcahy Law Firm, P.C.

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A podcast to help educate board members and managers on the best ways to govern and manage successful community associations.

Episodes

Sunday Aug 27, 2023

Enforcement of CC&Rs and Collection of Delinquent Assessments | Virtual HOA/Condo Academy #10

Sunday Aug 27, 2023

Welcome to the 2022 Virtual HOA/Condo Academy series! This is the Q&A for class #10, "Enforcement of CC&Rs and Collection of Delinquent Assessments" featuring Beth Mulcahy, Esq. This virtual seminar is possible thanks to the cities of Avondale, Chandler, Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Surprise and Tempe.

Links mentioned in this class:

Legislative Update: https://www.mulcahylawfirm.com/publications/2022-legislative-update/ HB2131 Artificial Grass Ban: https://www.mulcahylawfirm.com/new-law-hb2131-artificial-grass-ban-prohibited-hoas/ Mulcahy Law Firm Cheat Sheets: https://www.mulcahylawfirm.com/cheat-sheets/ Enforcement of Governing Documents Cheat Sheet: https://www.mulcahylawfirm.com/publications/enforcement-of-governing-documents Leving and Collecting Fines Cheat Sheet: https://www.mulcahylawfirm.com/publications/levying-and-collecting-fines-in-a-community-association/ State of Arizona Department of Real Estate “ADRE”: https://azre.gov/consumers/hoa Homeowners Association Dispute Process to ADRE: https://www.azleg.gov/legtext/52leg/2r/laws/0128.pdf & https://azre.gov/consumers/hoa Rental Issues Cheat Sheet: https://www.mulcahylawfirm.com/publications/how-to-work-with-rental-properties/ Vacation & Short-term Rentals: https://www.mulcahylawfirm.com/sb1168-vacation-rentals-short-term-rentals-enforcement/ Effective Collection of Delinquent Assessments Cheat Sheet: https://www.mulcahylawfirm.com/publications/collection-of-delinquet-assessments/ Mulcahy Law Firm Podcasts: https://www.mulcahylawfirm.com/podcasts/ Upcoming Events: https://www.mulcahylawfirm.com/upcoming-events/ Mulcahy Law Firm Facebook Page: https://www.facebook.com/MulcahyLawFirm Mulcahy Law Firm YouTube Page: https://www.youtube.com/mulcahylawfirm

Disclaimer: The intent of our Zoom & Facebook Live First Friday Free Call-In is to provide a forum for board members and community managers to receive answers to HOA/condo legal questions. Please note, the First Friday Free Call-In session is general in nature, and is not intended to and should not be relied upon or construed as a legal opinion or legal advice regarding any specific issue or factual circumstance. You should directly consult with an attorney for advice regarding your individual situation. You are welcome to contact Mulcahy Law Firm, P.C. for legal advice; however, contacting us does not necessarily create an attorney-client relationship. As such, please do not share any confidential information in this forum and please do not send any confidential information to Mulcahy Law Firm, P.C. until such time as an attorney-client relationship has been established.

Saturday Aug 05, 2023

October 2022 - Virtual Free First Friday Event

Saturday Aug 05, 2023

Your questions answered in the October 2022 Free Friday Q&A with Mulcahy Law Firm's Beth Mulcahy, Esq.

Links to cheat sheets and other material mentioned in this podcast:

Legislative Cheat Sheet: https://www.mulcahylawfirm.com/publications/2022-legislative-update/

Upcoming Seminars:
https://www.mulcahylawfirm.com/upcoming-events/

Dealing with Difficult People & Harassment: https://www.mulcahylawfirm.com/publications/dealing-with-difficult-people-harassment/

Cheat Sheet on Amending CC&Rs: https://www.mulcahylawfirm.com/publications/amending-association-documents/

Code of Conduct Cheat Sheet: https://www.mulcahylawfirm.com/publications/association-boards-code-of-conduct/

2022 Legislative Cheat Sheet: https://www.mulcahylawfirm.com/publications/2022-legislative-update/

Technology & Community Associations Cheat Sheet https://www.mulcahylawfirm.com/publications/technology-community-associations/

Cheat Sheet on Open Meeting Law: https://www.mulcahylawfirm.com/publications/arizonas-open-meeting-law-and-rules-for-recording/

Cheat Sheet on collection of Delinquent Assessments, CC&R Enforcement https://www.mulcahylawfirm.com/publications/collecting-delinquent-assessments-cc-r-enforcement/

Cheat Sheet on Reserve Funds: https://www.mulcahylawfirm.com/publications/reserve-funds-for-associations/

Blog on neighbor v. neighbor disputes: https://www.mulcahylawfirm.com/neighbor-vs-neighbor-feuds-the-associations-involvement/

Disclaimer: The intent of our Zoom & Facebook Live First Friday Free Call-In is to provide a forum for board members and community managers to receive answers to HOA/condo legal questions. Please note, the First Friday Free Call-In session is general in nature, and is not intended to and should not be relied upon or construed as a legal opinion or legal advice regarding any specific issue or factual circumstance. You should directly consult with an attorney for advice regarding your individual situation. You are welcome to contact Mulcahy Law Firm, P.C. for legal advice; however, contacting us does not necessarily create an attorney-client relationship. As such, please do not share any confidential information in this forum and please do not send any confidential information to Mulcahy Law Firm, P.C. until such time as an attorney-client relationship has been established.

Saturday Jul 29, 2023

Rental Restrictions | Virtual HOA/Condo Academy #9

Saturday Jul 29, 2023

Over the past few years, there has been a dramatic increase in the number of rental properties in Arizona, including short-term/vacation rentals. At least once a week, I am contacted by a Board regarding problems with a difficult tenant not following the Association’s documents. Therefore, discussing the rights of the board and the community association as it pertains to restricting or regulating rental properties is an extremely relevant topic for HOAs and condominiums.

Welcome to the 2022 Virtual HOA/Condo Academy series! This is class #9, "Rental Restrictions" featuring Beth Mulcahy, Esq. This virtual seminar is possible thanks to the cities of Avondale, Chandler, Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Surprise and Tempe.

Links mentioned in this class.

Cheat Sheet “How to Effectively Work With Rental Properties”: https://www.mulcahylawfirm.com/publications/how-to-work-with-rental-properties/

Link to Maricopa County Assessor's Office: https://mcassessor.maricopa.gov/

Amending Association Documents and Implementing Rental Restrictions Cheat Sheet: https://www.mulcahylawfirm.com/publications/amending-association-documents/

Link to SENATE BILL 1168 (For definitions - Page Six on this link): https://www.azleg.gov/legtext/55leg/2r/bills/sb1168s.pdf

Link to article: Scottsdale the “bachelorette-party capital of the West: https://www.nytimes.com/2022/06/04/style/bachelorette-party-scottsdale.html

Link to 2021 study increased crime linked to short-term rentals: https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0253315

Article about Former Sedona City Manager Justin Clifton & short-term rentals : https://www.azcentral.com/story/news/local/arizona/2019/01/29/sedona-faces-housing-shortage-short-term-vaction-rentals-take-over/2342431002/

Article about: Scottsdale has estimated that they have over 4,000 short-term rentals and police called 800 times: https://www.nytimes.com/2022/06/04/style/bachelorette-party-scottsdale.html

Upcoming Events & Classes: https://www.mulcahylawfirm.com/upcoming-events/

Past classes: https://www.mulcahylawfirm.com/videos/

Mulcahy Law Firm, P.C.
3001 East Camelback Road, Suite 130
Phoenix, Arizona 85016
www.mulcahylawfirm.com
Phone: 602-241-1093
Fax: 602-264-4663

Saturday Jun 17, 2023

September 2022 - Virtual Free First Friday Event

Saturday Jun 17, 2023

Your questions answered in the September 2022 Free Friday Q&A with Mulcahy Law Firm's Beth Mulcahy, Esq.

Links to cheat sheets and other material mentioned in this podcast:

Difficult People & Harassment - https://www.mulcahylawfirm.com/publications/dealing-with-difficult-people-harassment/

Summary of Legislative bills - https://www.mulcahylawfirm.com/publications/2022-summary-of-pending-arizona-legislation-regarding-community-associations/

Upcoming Events link - https://www.mulcahylawfirm.com/upcoming-events/

Cheat Sheet on Community Association Board Meetings: https://www.mulcahylawfirm.com/publications/association-board-meetings/

Blog on Security Cameras: https://www.mulcahylawfirm.com/security-cameras/

CHEAT SHEET ON FEDERAL LAWS FOR COMMUNITY ASSOCIATIONS: https://www.mulcahylawfirm.com/publications/federal-laws-for-community-associations/

CHEAT SHEET ON CODE OF CONDUCT: https://www.mulcahylawfirm.com/code-of-conduct/

CHEAT SHEET ON 4-1-1 ON ASSOCIATIONS RECORDS: https://www.mulcahylawfirm.com/hoas-condos-4-1-1-on-records/

CHEAT SHEET ON TECHNOLOGY AND COMMUNITY ASSOCIATIONS: https://www.mulcahylawfirm.com/publications/technology-community-associations/

CHEAT SHEET ON BIDDING AND CONTRACTING: https://www.mulcahylawfirm.com/publications/bidding-and-contracting/

BLOG ON HIRING LICENSED CONTRACTORS: https://www.mulcahylawfirm.com/its-worth-it-hire-a-licensed-contractor/

Cheat Sheet: https://www.mulcahylawfirm.com/publications/community-association-disclosure-fees-transfer-fees/

Cheat Sheet on Reserve Funds: https://www.mulcahylawfirm.com/publications/reserve-funds-for-associations/

Cheat Sheet on Committee Basics: https://www.mulcahylawfirm.com/publications/association-committee-basics/

Cheat Sheet on Amending CC&Rs: https://www.mulcahylawfirm.com/publications/amending-association-documents/

Blog on Dysfunction Amongst Board Members: https://www.mulcahylawfirm.com/dysfunction-amongst-board-members/

Friday May 12, 2023

Creating a Budget, How to Read HOA/Condo Financials and Preventing Fraud & Embezzlement #8

Friday May 12, 2023

Welcome to the 2022 Virtual HOA/Condo Academy series! This is the Q&A for class #8, "Creating a Budget, How to Read HOA/Condo Financials and Preventing Fraud & Embezzlement" featuring Beth Mulcahy, Esq. This virtual seminar is possible thanks to the cities of Avondale, Chandler, Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Surprise and Tempe.

NOTE: Technical Difficulties this first 2 1/2 minutes of this podcast.

What’s On Today’s Agenda?

In today’s session, we are going to take a deep dive into everything you need to know about your association’s finances including how to create a budget, how to read your association’s financials, the financial responsibilities of board members, reserve studies and how to prevent fraud and embezzlement.

I will also give a quick overview of the new HOA/Condo laws that were signed into law during the 2022 Arizona Legislative session and will go into effect on September 24th.

As always, there will be a free Q&A at the end of the class.

Cheat Sheets mentioned in this podcast:
Disclosure Fees Cheat Sheet: https://mulcahylawfirm.com/publications/community-association-disclosure-fees-transfer-fees/ Transition from Developer Cheat Sheet: https://mulcahylawfirm.com/publications/transition-from-developer-to-homeowner/

Sunday Apr 09, 2023

August 2022 - Virtual Free First Friday Event

Sunday Apr 09, 2023

Your questions answered in the August 2022 Free Friday Q&A with Mulcahy Law Firm's Beth Mulcahy, Esq.

Links to cheat sheets and other material mentioned in this podcast:

Cheat Sheet entitled Amending Association Docs & Implementing Rental Restrictions https://www.mulcahylawfirm.com/publications/amending-association-documents/

Cheat Sheet on Pets in your Community Association
https://www.mulcahylawfirm.com/publications/pets-in-your-community-association/

33-1808. Flag display; political signs; caution signs; for sale, rent or lease signs; political activities; definition
https://www.azleg.gov/ars/33/01808.htm

Cheat Sheet entitled How to Effectively Deal with Rental Properties
https://www.mulcahylawfirm.com/publications/how-to-work-with-rental-properties/

33-1252. Conveyance or encumbrance of common elements
https://www.azleg.gov/viewdocument/?docName=https%3A%2F%2Fwww.azleg.gov%2Fars%2F33%2F01252.htm

33-1252.01. Conveyance of certain real property
https://www.azleg.gov/viewdocument/?docName=https%3A%2F%2Fwww.azleg.gov%2Fars%2F33%2F01252-01.htm

Cheat Sheet on Disclosure Fees & Transfer Fees
https://www.mulcahylawfirm.com/publications/community-association-disclosure-fees-transfer-fees/

Cheat Sheet on Solar Panels & Creating Green Community: https://www.mulcahylawfirm.com/publications/solar-panels-creating-a-green-community/

The Board of Director's Code of Conduct: https://www.mulcahylawfirm.com/publications/association-boards-code-of-conduct/

Friday Mar 17, 2023

HOT TOPICS for HOA and Condos in 2022 #7

Friday Mar 17, 2023

Welcome to the 2022 Virtual HOA/Condo Academy series! This is class #7, "HOT TOPICS for HOA and Condos in 2022" featuring Beth Mulcahy, Esq. This virtual seminar is possible thanks to the cities of Avondale, Chandler, Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Surprise and Tempe.

What’s On Today’s Agenda?

HOT TOPICS is one of my favorite classes to teach (and very fitting to discuss during the summer) because it allows us to really dive deep and take a closer look at the most important and pressing topics pertaining to community associations.

In preparing to teach this class on hot topics in 2022, we monitor various news sources throughout Arizona, common questions we receive from clients and interested homeowners, monitor new legislation and new cases to compile a list of the most pressing and relevant topics pertaining to HOAs and condos. Today, we’ll address ten HOT TOPICS that cover a wide range of issues.

As always, there will be a free Q&A at the end of the class.

Notice: Due to technical issues there are portions of this episode that have audio artifacts and distortion. We apologize for any inconvenience.

Links, documents, and Cheat Sheets mentioned in this class: 2022 Summary of Arizona Legislation Impacting HOA/Condos - https://www.mulcahylawfirm.com/publications/2022-summary-of-pending-arizona-legislation-impacting-hoa-condos/

Kalway v. Calabria Ranch Case - https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2022/CV200152PR.pdf

Mulcahy Law Firm, P.C. Cheat Sheet entitled Amending Association Documents & Implementing Rental Restrictions: https://www.mulcahylawfirm.com/publications/amending-association-documents/

Our firm’s Cheat Sheet entitled “How to Effectively Work With Rental Properties”: https://www.mulcahylawfirm.com/publications/how-to-work-with-rental-properties/

Blog entitled “Crime Free Lease Addendums” https://www.mulcahylawfirm.com/crime-free-lease-addendums/

For more information on water rights for your Association, you can visit the Arizona Department of Water Resources website at https://new.azwater.gov/

Fourth Management Plan: https://new.azwater.gov/sites/default/files/media/FULL%20FINAL%20PHX%204MP_1.pdf

Differences Between Fourth and Fifth Management Plan: https://new.azwater.gov/sites/default/files/media/5MPOverviewofChanges.pdf

Here's a blog from last year on electrical vehicles - https://www.mulcahylawfirm.com/electrical-vehicles-blog/

AZ Open Meeting Law - https://www.mulcahylawfirm.com/publications/arizonas-open-meeting-law-and-rules-for-recording/

Architectural Review - https://www.mulcahylawfirm.com/publications/architectural-review-committees/

Monday Jan 16, 2023

July 2022 - Virtual Free First Friday Event

Monday Jan 16, 2023

Your questions answered in the June 2022 Free Friday Q&A with Mulcahy Law Firm's Beth Mulcahy, Esq.

Links to cheat sheets and other material mentioned in this podcast:
2022 Summary of Pending Arizona Legislation Impacting HOA/Condos: https://www.mulcahylawfirm.com/publications/2022-summary-of-pending-arizona-legislation-regarding-community-associations/

Blog on Neighbor v. Neighbor Feuds & Association’s Involvement: https://www.mulcahylawfirm.com/neighbor-vs-neighbor-feuds-the-associations-involvement/

Dealing with Difficult People & Harassment: https://www.mulcahylawfirm.com/publications/dealing-with-difficult-people-harassment/

Cheat Sheet on Insurance: https://www.mulcahylawfirm.com/publications/insurance-protecting-the-association/

Cheat Sheet entitled How to Effectively Work with Rental Properties https://www.mulcahylawfirm.com/how-to-effectively-work-with-rental-properties/

Cheat Sheet entitled Secrets to Effective Collections & Legal Remedies: https://www.mulcahylawfirm.com/our-firms-secrets-to-effective-collection-of-delinquent-assessments-available-legal-remedies/

Recent Blog: Automatic Architectural Approval - https://www.mulcahylawfirm.com/automatic-architectural-approval/

Amending Association Documents & Implementing Rental Restrictions: https://www.mulcahylawfirm.com/publications/amending-association-documents/

Cheat Sheet on Arizona’s Open Meeting Law - https://www.mulcahylawfirm.com/publications/arizonas-open-meeting-law-and-rules-for-recording/

Cheat Sheet entitled Everything you Need to Know About Pets in your Community Association: https://www.mulcahylawfirm.com/publications/pets-in-your-community-association/

Cheat Sheet entitled Federal Laws for Community Associations: https://www.mulcahylawfirm.com/publications/federal-laws-for-community-associations/

Blog on Dog Breed Restrictions: https://www.mulcahylawfirm.com/dog-breed-restrictions/

Blog on Responding to Records Request: https://www.mulcahylawfirm.com/responding-to-a-records-request/

Disclosure & Transfer Fees Cheat Sheet: https://www.mulcahylawfirm.com/publications/community-association-disclosure-fees-transfer-fees/

Blog on Security Cameras https://www.mulcahylawfirm.com/security-cameras/

Cheat Sheet on Reserve Funds: https://www.mulcahylawfirm.com/publications/reserve-funds-for-associations/

azcc.gov

https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/33/01808.htm

https://www.mulcahylawfirm.com/everything-you-need-to-know-about-hb2158/

Saturday Jan 14, 2023

How to Amend Association CC&Rs, Bylaws and Rules #6

Saturday Jan 14, 2023

Welcome to the 2022 Virtual HOA/Condo Academy series! This is class #6, "How to Amend Association CC&Rs, Bylaws and Rules" featuring Beth Mulcahy, Esq. This virtual seminar is possible thanks to the cities of Avondale, Chandler, Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Surprise and Tempe.

What’s On Today’s Agenda?

Today our main focus will be discussing how Boards can successfully amend their association documents with Mulcahy Law Firm, P.C.’s 5 step plan.

As always, there will be a free Q&A at the end of the class.

Links, documents, and Cheat Sheets mentioned in this class: 2022 Summary of Arizona Legislation Impacting HOA/Condos - https://www.mulcahylawfirm.com/publications/2022-summary-of-pending-arizona-legislation-impacting-hoa-condos/

Kalway v. Calabria Ranch Case - https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2022/CV200152PR.pdf

Mulcahy Law Firm, P.C. Cheat Sheet entitled Amending Association Documents & Implementing Rental Restrictions: https://www.mulcahylawfirm.com/publications/amending-association-documents/

Cheat Sheet on Arizona Open Meeting Law & Rules for Recording Association Meetings: https://www.mulcahylawfirm.com/publications/arizonas-open-meeting-law-and-rules-for-recording/

Cheat Sheet on Federal Laws: https://www.mulcahylawfirm.com/publications/federal-laws-for-community-associations/

Cheat Sheet on Enforcement of Governing Documents: https://www.mulcahylawfirm.com/publications/enforcement-of-governing-documents/

Mulcahy Law Firm, P.C. Cheat Sheet entitled, How to Effectively Work with Rental Properties https://www.mulcahylawfirm.com/publications/amending-association-documents/

Sunday Dec 18, 2022

June 2022 - Virtual Free First Friday Event

Sunday Dec 18, 2022

Your questions answered in the June 2022 Free Friday Q&A with Mulcahy Law Firm's Haidyn DiLorenzo, Esq.

Links to cheat sheets and other material mentioned in this podcast:
Summary of Pending AZ Legislation - https://www.mulcahylawfirm.com/publications/2022-summary-of-pending-arizona-legislation-impacting-hoa-condos/

Amending Association Documents & Implementing Rental Restrictions Cheat Sheet - https://www.mulcahylawfirm.com/publications/amending-association-documents/

Solar Panels & Creating a Green Community Cheat Sheet - https://www.mulcahylawfirm.com/publications/solar-panels-creating-a-green-community/

Enforcement of Governing Documents Cheat Sheet - https://www.mulcahylawfirm.com/publications/enforcement-of-governing-documents/

How to Effectively Work With Rental Properties Cheat Sheet - https://www.mulcahylawfirm.com/publications/how-to-work-with-rental-properties/

Amending Association Documents & Implementing Rental Restrictions -
https://www.mulcahylawfirm.com/publications/amending-association-documents/

Reserve Funds for Community Associations - https://www.mulcahylawfirm.com/publications/reserve-funds-for-associations/

Community Association Disclosure & Transfer Fees - https://www.mulcahylawfirm.com/publications/community-association-disclosure-fees-transfer-fees/

Cheat Sheet entitled What is a Community Association? -
https://www.mulcahylawfirm.com/publications/what-is-a-community-association/

Effective Collection of Delinquent Assessments - https://www.mulcahylawfirm.com/publications/collection-of-delinquet-assessments/

Cheat Sheet on Insurance: - https://www.mulcahylawfirm.com/publications/insurance-protecting-the-association/

Board Meetings - https://www.mulcahylawfirm.com/publications/association-board-meetings/

AZ Open Meeting Law & Rules for Recording - https://www.mulcahylawfirm.com/publications/arizonas-open-meeting-law-and-rules-for-recording/

Disclaimer: The intent of our Zoom & Facebook Live First Friday Free Call-In is to provide a forum for board members and community managers to receive answers to HOA/condo legal questions. Please note, the First Friday Free Call-In session is general in nature, and is not intended to and should not be relied upon or construed as a legal opinion or legal advice regarding any specific issue or factual circumstance. You should directly consult with an attorney for advice regarding your individual situation. You are welcome to contact Mulcahy Law Firm, P.C. for legal advice; however, contacting us does not necessarily create an attorney-client relationship. As such, please do not share any confidential information in this forum and please do not send any confidential information to Mulcahy Law Firm, P.C. until such time as an attorney-client relationship has been established.