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

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/

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.

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/

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.

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.

Wednesday Nov 23, 2022

How HOAs/Condos Can Effectively Work with Management Companies and Vendors #5

Wednesday Nov 23, 2022

Welcome to the 2022 Virtual HOA/Condo Academy series! This is class #5, "How HOAs/Condos Can Effectively Work with Management Companies and Vendors" 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?
We will start today’s class with an update from the 2022 Arizona Legislative session.

Today we are going to discuss everything a Board of Directors needs to know in order to effectively work with management companies and vendors. I will start our discussion with a general overview on bidding and contracting, including the hiring and firing of associations’ vendors. Then we will talk about the unique relationship between the Board of Directors and their management company. We will then move on to discuss a question I often receive – are we required to hire a licensed contractor? I will provide you with tips on negotiating contracts, the importance of using licensed and bonded contractors, handling disputes/performance issues and how to end the relationship and find a new one.

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

Links and Cheat Sheets mentioned in this class:

Cheat Sheet: Board Member Removal - https://www.mulcahylawfirm.com/board-member-removal/

Facebook Group: Arizona Self-Managed Homeowners Association Group - https://www.facebook.com/groups/162010391078037

Cheat Sheet: HOAs/Condos: 411 on Records - https://www.mulcahylawfirm.com/hoas-condos-4-1-1-on-records/

Cheat Sheet: Transition from Developer to Homeowner Control - https://www.mulcahylawfirm.com/publications/transition-from-developer-to-homeowner/

Cheat Sheet: Top 10 Things You Need to Know About Community Association Law - https://www.mulcahylawfirm.com/publications/top-10-community-association-law/

Saturday Oct 29, 2022

May 2022 - Virtual Free First Friday Event

Saturday Oct 29, 2022

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

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

Pending AZ Legislation - https://www.mulcahylawfirm.com/publications/2022-summary-of-pending-arizona-legislation-impacting-hoa-condos/
Security Cameras - https://www.mulcahylawfirm.com/security-cameras/

Federal Laws for Associations - https://www.mulcahylawfirm.com/publications/federal-laws-for-community-associations/
MAARTEN KALWAY v. CALABRIA RANCH HOA LLC, et al. - https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2022/CV200152PR.pdf
HB2131 Ban on Artificial Grass - https://www.mulcahylawfirm.com/extra-extra-governor-ducey-signs-hb2131-prohibition-on-ban-of-artificial-turf-in-a-planned-community/
Cheat Sheet on Everything You Need to Know About Pets in HOAs/Condos -
https://www.mulcahylawfirm.com/publications/pets-in-your-community-association/
Cheat Sheet on Community Association Disclosure Fees and Transfer Fees -
https://www.mulcahylawfirm.com/publications/community-association-disclosure-fees-transfer-fees/
Cheat Sheet: Effectively Working with Rental Properties -
https://www.mulcahylawfirm.com/publications/how-to-work-with-rental-properties/
How to select a management company Cheat Sheet -
https://www.mulcahylawfirm.com/publications/how-to-select-a-management-company/
Qualities of an A+ community manager Cheat Sheet -
https://www.mulcahylawfirm.com/publications/qualities-of-an-a-community-manager/
Transition from Developer to Owner Control Cheat Sheet - https://www.mulcahylawfirm.com/publications/transition-from-developer-to-homeowner/
Collecting Delinquent Assessments and CC&R Enforcement Cheat Sheet - https://www.mulcahylawfirm.com/publications/collecting-delinquent-assessments-cc-r-enforcement/
Self-Help - https://www.mulcahylawfirm.com/self-help-can-boards-maintain-a-lot-when-the-owner-wont/
Mental Health of Residents - https://youtu.be/svGnP8pHH8c
Dealing with Difficult People & Harassment Cheat Sheet -
https://www.mulcahylawfirm.com/publications/dealing-with-difficult-people-harassment/

Saturday Oct 15, 2022

Tips on How to Handle Difficult and Disgruntled Owners | 2022 Virtual HOA/Condo Academy #4

Saturday Oct 15, 2022

Welcome to the 2022 Virtual HOA/Condo Academy series! This is class #4, "Tips on How to Handle Difficult and Disgruntled Owners" featuring Beth Mulcahy, Esq. & Haidyn Dilorenzo, 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 the agenda? We are going to start today’s class with an exciting update from the 2022 session of the Arizona Legislature. This year’s session has been open for three months and in the past several weeks we have seen two bills relating to community associations get signed into law. I’ll give a summary of both bills and their effects on HOAs and condominiums.

We are also going to discuss a new decision by the Arizona Supreme Court pertaining to amending CCRs.

The main topic for today’s class is all about how to deal with difficult people. We like to say that serving on your community association’s board of directors can be a thankless job that often comes with having to deal with conflicts and complaints from homeowners. Today we’ll go through some tips and tricks for handling difficult and disgruntled owners including how to deal with conflict during meetings, strategies for responding in a difficult situation and how to stop harassment.

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

*Note: Due to technical difficulties, there are some audio drop-outs at various times of this recording.

Sunday Sep 11, 2022

April 2022 - Virtual Free First Friday Event

Sunday Sep 11, 2022

Your questions answered in the April 2022 Free Friday Q&A with Beth Mulcahy, Esq.

Links and Cheat Sheets mentioned in this podcast:

Our firm’s 2022 Summary of Pending Arizona Legislation Impacting HOA/Condos:

https://www.mulcahylawfirm.com/publications/2

The Arizona Supreme Court recently issued a ruling in the case of KALWAY v CALABRIA RANCH HOA LLC. CV200152PR.pdf (azcourts.gov)

Electrical Vehicles: https://www.mulcahylawfirm.com/electrical-vehicles-blog/

Handle Hoarders Carefully - https://www.mulcahylawfirm.com/handle-hoarders-carefully/

Video chat about hoarders: https://youtu.be/svGnP8pHH8c?t=2021

Cheat Sheet: Community Association Records & Documents https://www.mulcahylawfirm.com/publications/community-association-records-documents/

In November 2021, Mulcahy Law Firm, P.C. celebrated 25 years of outstanding legal representation of thousands of Arizona HOAs/Condos. We UNDERSTAND that serving on a HOA/condo board can be stressful and difficult at times. We are here to HELP your board with free “live” virtual educational seminars (with Q & A time at each seminar) on hot topics and laws pertaining to Arizona HOAs/Condos. Our GOAL is to help you run a successful HOA/condo and make your time on the board stress/hassle-free!