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Welcome to Class #11 Questions and Answers of our 2025 Virtual HOA/Condo Academy. Class #11 can be found here: • 2025 HOA/Condo Academy #11: Board Member B... 00:00 Introduction 00:33 Beth Mulcahy, Esq. 00:38 Question about email. 00:58 Question about executive session. 02:50 Is it legal in Arizona for our HOA to collect $500 in advance from homeowners? 03:21 Does the HOA take on any liability when approving their Architectural Change Request? 04:40 Am I legally entitled to receive copies of violation letters? 05:56 Is a homeowner required to disclose that the home has HOA fines and unapproved modifications? 06:56 Our HOA used possible fee increases that were not used in previous years to calculate an increase larger the CPI, is this legal? 08:07 What due-diligence steps should a newly homeowner-controlled HOA board take? 09:31 Is there difference between Board Director & Officer? 10:10 Is there a standard percentage to pay a property management company? 11:02 How can an HOA prevent suspicion or conflicts of interest? 11:41 Are there any limitations to communicate by text or email? 12:16 Are HOA board work sessions required to be open under open meeting laws? 12:38 Can a majority of HOA board members meet socially? 13:06 Do the same open meeting laws pertain to working sessions by the sub or master committee? 13:26 Do the same open meeting laws pertain to committee meetings of committees sanctioned by the Board that pertain to Board meetings? 14:22 Are HOA management staff allowed to run the board meeting? 14:59 Can I share my committee appointment choice with another board member? 15:09 If a regularly scheduled meeting has to be canceled due to unforeseen circumstances and this happens 3 hours before it starts, how should this be handled? 15:39 Do the regularly scheduled meetings of the Architect Committee need to be noticed? 15:51 What is the difference between an Executive Session & a Special Meeting? 16:24 Is it required to make both audio & video recording available to the community? 16:57 What is the HOA’s responsibility for addressing a building-wide rat infestation? 18:33 Does coordinating decisions and agreeing on votes outside an open meeting, then voting as a bloc at the meeting, violate Arizona’s open meeting law? 19:52 How should an HOA handle homeowners who refuse to pay a Special Assessment? 21:30 What if there is never 1/10 of owners that show up to meetings? 22:39 If updated by-laws weren’t notarized or recorded, can the current sole board member block them, and is removing them the only way to enforce the updates? 24:34 Can an HOA hold a standalone executive session on a single legal topic, or must it first be part of a regular or emergency board meeting? 25:24 Can an HOA limit the number of non-related individuals living in a single rental? 26:23 What recourse does a sitting board member have when the other directors make decisions without involving the full three-member board? 26:54 If board members resign after being called out by members, can the remaining board appoint replacements, or must a different process be used? 27:42 Does ARS give members the right to speak only on agenda items being voted on, or on all agenda items? 29:20 Is it legal for one family to control an HOA board and management? 30:18 Do I have legal options if a neighbor’s smoke constantly enters my home and the HOA’s CC&Rs only address “nuisances”? 31:55 Does the open meeting laws to Architectural Committees reviewing individual homeowner applications? 32:51 What can I do if the HOA allows nonresidents to rent the clubhouse without notifying nearby homeowners? 33:34 Does an HOA lien automatically reflect updated amounts owed, or only the original 2024 balance when the property is sold? 34:42 HOA social media. 35:27 Do the HOA’s new Architectural Standards and closed committee approvals violate Arizona open meeting laws, and what can owners do? 37:01 What are you hearing about turf reduction for HOAs? 39:11 Closing remarks and upcoming classes 40:55 Copyright 2025 Links & Cheat Sheets mentioned: Transition from Developer - https://www.mulcahylawfirm.com/public... What is a Community Association? - https://www.mulcahylawfirm.com/public... Secrets of a Successful Association - https://www.mulcahylawfirm.com/public... Special Assessments - https://www.mulcahylawfirm.com/specia... Conduct Successful Annual Meetings - https://www.mulcahylawfirm.com/public... Water Conservation - https://www.mulcahylawfirm.com/water-... Water Use - https://www.mulcahylawfirm.com/arizon... 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