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March 2024 First Friday Free Call-In

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Manage episode 491540689 series 3339625
Content provided by Beth Mulcahy, Esq. and Beth Mulcahy. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Beth Mulcahy, Esq. and Beth Mulcahy or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.

Thank you for joining us for our firm’s Live Virtual First Friday Event! It’s hard to believe we are into the third month of 2024… Happy March and happy early St. Patrick’s Day!

Questions & Answers
  • 31 real-world questions submitted by HOA board members, owners, and community managers.

  • Topics covered:

    • Use of community amenities by property managers.

    • Board access to management communication records.

    • Legal use of binding arbitration in CC&Rs.

    • Transfer fees on non-sale ownership changes.

    • Gate camera use and privacy.

    • Special assessments and donation handling.

    • Meeting minute requirements (especially under declarant vs. homeowner control).

    • Board authority to change budgeted items (like audits).

    • Enforcement challenges with fines and yard maintenance.

    • Legitimacy of ballots and write-in candidates.

    • Property taxes on common areas.

    • Reserve fund misuse.

    • Open meeting exceptions for attorney training.

    • Delinquency and legal recourse with LLCs.

    • Combining board offices, architecture approvals, insurance coverage, transfer/disclosure fee legality, and more.

Links and Cheat Sheets mentioned in this episode:

AZ Legislation: https://www.mulcahylawfirm.com/publications/2024-summary-of-arizona-legislation-regarding-hoas-condos/

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

ARS 33-01818: https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/33/01818.htm

Collecting Assessments: https://www.mulcahylawfirm.com/publications/collecting-delinquent-assessments-cc-r-enforcement/

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.

Copyright 2024.

  continue reading

54 episodes

Artwork
iconShare
 
Manage episode 491540689 series 3339625
Content provided by Beth Mulcahy, Esq. and Beth Mulcahy. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Beth Mulcahy, Esq. and Beth Mulcahy or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.

Thank you for joining us for our firm’s Live Virtual First Friday Event! It’s hard to believe we are into the third month of 2024… Happy March and happy early St. Patrick’s Day!

Questions & Answers
  • 31 real-world questions submitted by HOA board members, owners, and community managers.

  • Topics covered:

    • Use of community amenities by property managers.

    • Board access to management communication records.

    • Legal use of binding arbitration in CC&Rs.

    • Transfer fees on non-sale ownership changes.

    • Gate camera use and privacy.

    • Special assessments and donation handling.

    • Meeting minute requirements (especially under declarant vs. homeowner control).

    • Board authority to change budgeted items (like audits).

    • Enforcement challenges with fines and yard maintenance.

    • Legitimacy of ballots and write-in candidates.

    • Property taxes on common areas.

    • Reserve fund misuse.

    • Open meeting exceptions for attorney training.

    • Delinquency and legal recourse with LLCs.

    • Combining board offices, architecture approvals, insurance coverage, transfer/disclosure fee legality, and more.

Links and Cheat Sheets mentioned in this episode:

AZ Legislation: https://www.mulcahylawfirm.com/publications/2024-summary-of-arizona-legislation-regarding-hoas-condos/

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

ARS 33-01818: https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/33/01818.htm

Collecting Assessments: https://www.mulcahylawfirm.com/publications/collecting-delinquent-assessments-cc-r-enforcement/

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.

Copyright 2024.

  continue reading

54 episodes

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