Author: G|S Admin

  • G|S Fall Holiday Hours

    G|S Fall Holiday Hours

    The Goldschmidt|Shupe office will have reduced hours Monday, November 23, 2020 through Friday, November 27, 2020. Our schedule for the week is below:

    Monday, 11/23: 11:00am – 4:30pm
    Tuesday, 11/24: 11:00am – 4:30pm
    Wednesday, 11/25: 11:00am – 4:30pm
    Thursday, 11/26: CLOSED
    Friday, 11/27: CLOSED

  • Can You Open Your Community Pool Yet?

    Can You Open Your Community Pool Yet?

    By Carolyn B. Goldschmidt, Esq.
    May 26, 2020

    As Mike Shupe reported in his communication on May 18, 2020, the Pima County Board of Supervisors issued a Proclamation that would have required HOA pools that reopened to sanitize high touch areas after every use and keep a log of the sanitization (among other requirements). On May 21, 2020, the Board of Supervisors adopted a revised Proclamation that made these requirements inapplicable to semi-public pools within HOA and condominium communities.

    At this point, HOA Boards of Directors can decide to reopen swimming pools, but need to take into account the potential liability that remains, and the fact that there is probably no insurance coverage for claims and losses that might arise out of communicable disease transmission. Even though the Governor’s order allows opening, an HOA’s common area is private property, and a Board has the authority and responsibility to not reopen if the common areas cannot be managed and controlled in a manner that is reasonably safe. The risk to the Association can be reduced by taking proper precautions as set forth in governmental and public health guidelines and rules.

    At the time Governor Ducey’s latest order allowed swimming pools to open, the Arizona Department of Health Services (ADHS) issued guidelines on swimming pools. Taking the ADHS guidelines into account, following are some rules and procedures for your Board to consider as a starting point.  Make any refinements that fit your Association’s particular situation and issues:

    • Limit the number of people in the pool area at one time. The number will depend on the size of the facility. To implement this limitation, consider a sign-up sheet at the pool where persons reserve time at a pool in specific increments (e.g., one hour).
    • Consider whether the traditional pool hours will apply or be changed.
    • Consider whether to restrict the pool to residents only (owners and tenants). On the other hand, restricting the number of people in the pool area may remove the necessity for this limitation.
    • Maintain physical distancing [six (6) feet between people unless they live in the same house].
    • Pool bathrooms are closed.
    • Consider removing all pool furniture so sanitizing is not an issue.
    • Hand sanitizer and disinfectant and paper towels near the main entrance to each pool or tell residents that sanitizing hands and wiping high touch areas are their responsibility with their own sanitizing liquid or wipes.
    • Pool users should follow public health guidelines and advisories on protection and precautions against COVID-19.
    • Enter the pool area and swim at your own risk.  The _____________ Homeowners Association assumes no responsibility if you are diagnosed with COVID-19 at any time after entering the pool area and using the pool or spa.
    • Signage at the pool entrance (if you have more than one entrance, consider padlocking subsidiary entrance(s) so there is just one entry and exit point.  Here is suggested signage:

    DO NOT ENTER IF ILL OR
    HAVE ANY SYMPTOMS OF COVID-19

    PREVENTING THE SPREAD OF COVID-19
    Limited Access
    Please read and observe Pool Rules

    • The Pool Rules also should be posted at the pool area as well as distributed to the residents.

    Hopefully, your homeowners will understand that the Board must act prudently in managing all of the common areas in a manner that follows governmental and public health guidelines and that keeps the common areas reasonably safe for all residents.

    Please let us know if we can help your Association navigate through any COVID-19 issues.


    The information provided herein is not, nor is it intended to be, legal advice. No attorney-client relationship between the reader and Goldschmidt|Shupe is intended. You are not considered a client of our law firm until you have signed a written agreement accepted by us. Federal, state and local responses to COVID-19 are changing quickly. Our COVID-19-related information is based on the facts and guidance available today. Future developments may render such information outdated and inapplicable.

  • Pima County’s COVID-19 Measures for Community Pools

    Pima County’s COVID-19 Measures for Community Pools

    By Michael S. Shupe
    May 18, 2020

    As you all are probably now aware, Governor Ducey’s amended “Stay Home, Stay Healthy, Stay Connected Order” expired last week. As a result, community pool facilities in homeowners’ associations throughout Arizona are now allowed to reopen – welcome news under ordinary circumstances as the temperatures rise. However, given that the threat of COVID-19 transmission is still with us, guidance from the Governor’s office was initially very limited as to what Boards of Directors and community managers need to consider when implementing safeguards to maintain social distancing and proper sanitizing. In anticipation of this, we recently offered some basic rules and procedures for Boards and community managers to consider before reopening pools. (Click here to read: Community Pool Facilities and COVID-19)

    In the meantime, additional federal, state, and local governmental and health agency guidance has been established, creating a constantly changing primordial soup out of which Associations must put together the building blocks of a reasonable strategy for pool operations that attempts to meet the needs of residents who may have opposing expectations and opinions.

    In particular, last week the Pima County Board of Supervisors approved a set of temporary Health Code Regulations (Click here to read: May 13 Proclamation re: COVID-19 and measures for reopening businesses and activities). Section 3 of the new regulations pertaining, in part, to community pool facilities in HOAs, which are considered semi-public pools, establishes the following measures:

    A. Minimum employee, vendor, and guest health and wellness measures:

    1. Wellness/symptom and temperature checks for all personnel, and when possible for vendors and contractors as they arrive on premises and before opening of a pool.
    2. Similar symptoms and temperature checks for guests are optional.
    3. Cloth masks and gloves and frequent hand-washing are required for all staff.
    B. Minimum operation measures:
    1. Physical and/or website signage posting at the pool or gym entrance with public health advisories prohibiting individuals who are symptomatic from entering the premises.
    2. Indoor occupancy limited to 50 percent or lower unless 6-foot physical distance standards can be achieved with higher occupancy.
    3. Clearly marked 6-foot spacing marks at entrances, hallways, restrooms and any other location within the gym or pool where patrons may queue or congregate.
    4. Physical distancing of 6 feet minimum between fitness equipment, deck loungers, chairs and/or tables.
    5. Elimination of self-service stations including water fountains, unless touchless. Nothing prohibits the serving of bottled water.
    6. Hand sanitizers available at entrances to the facility, restrooms and in employee work areas.
    7. Sanitize customer areas and high-touched surface areas after each sitting or equipment use with EPA-registered disinfectant.
    8. Implement cashless and/or minimal touch payment methods if possible.
    9. Post documentation cleaning logs on-line and at the entrance documenting cleaning of all public areas (inclusive of counter tops, door handles, waiting areas, etc.) at least every 2 to 3 hours.

    Some of the numbered items above, may not apply to every community pool facility, and others may be rendered moot by other measures (i.e. prohibiting use of pool chairs or loungers, closing restrooms and drinking fountains, etc.). Whereas, the requirements for signage, the availability of hand-sanitizers, and the regular and documented cleaning of all public areas, are applicable to all community pools in HOAs. It is also important to understand that the above measures differ from other “guidance” that has been offered related to business operations, in that they are enforceable by the Pima County Health Department through regular inspections. Furthermore, complaint forms are available on the Pima County Health Department website for individuals to report pool operators who are not complying with the Health Code regulations. As stated in the attached Pima County Proclamation, repeated violations are subject to a civil penalty of $500.00 per infraction.

    Therefore, Boards who are considering opening their pool facilities, now need to include the above regulations in their comprehensive strategies for reopening. Any prudent and effective strategy needs to include: 1) the adoption of rules and procedures for sanitizing and distancing measures compliant with Pima County pool regulations, 2) proper and effective monitoring and servicing of the pool facilities to reasonably facilitate the new rules and procedures, and 3) regular and uniform enforcement to reasonably ensure compliance with the new rules and procedures.

    As we mentioned in our previous comments on this topic, one size does not fit all when it comes to your community pool rules and procedures. The number and frequency of pool users, community demographics, existing mechanisms for controlling access to pool facilities, availability of volunteers and/or paid service providers to perform the necessary sanitation and related services, and the Association’s financial circumstances, are several, but not all, of the various considerations.

    If an Association cannot, for any reason, put together a comprehensive and effective strategy for reopening its community pool facility in such a way that is compliant with all Health Code regulations, then the Association should not reopen such facilities. This can be a very difficult scenario for a Board to consider, particularly given the time of year, and the pressure that may come from residents who wish to use the pool. However, the Association’s liability for noncompliance with Health Code regulations, beyond any civil penalties, could be substantial, and Directors may even face personal liability exposure by disregarding such regulations.

    All things considered, creating an effective strategy for reopening a community pool is not impossible, and the demand in your community for use of the pool facilities can create an opportunity for creative ways to encourage community involvement in the necessary process and procedures for reopening. We are available as always to assist your community in formulating your own individualized strategy for reopening your pool facilities, and in answering any other related questions or concerns.


    Disclaimer: The information provided herein is not, nor is it intended to be, legal advice. No attorney-client relationship between the reader and Goldschmidt|Shupe is intended. You are not considered a client of our law firm until you have signed a written agreement accepted by us. Federal, state and local responses to COVID-19 are changing quickly. Our COVID-19-related information is based on the facts and guidance available today. Future developments may render such information outdated and inapplicable.

  • Community Pool Facilities and COVID-19

    Community Pool Facilities and COVID-19

    By Carolyn B. Goldschmidt
    May 7, 2020

    Greetings from all of us at Goldschmidt|Shupe as global attempts to contain and limit the COVID-19 virus have changed most facets of our day-to-day lives and also impacted the business dealings and common area management of homeowners associations throughout southern Arizona. From Governor Ducey’s latest communications, it appears that his previous Executive Order will be modified soon allowing communal swimming pools and hot tubs to be used again. We are hearing from community managers and Board members that residents are anxious to be able to use these facilities now that the temperatures have risen and because exercising in the swimming pool is important to many residents’ health maintenance regime.

    Needless to say, the threat of COVID-19 transmission is still with us. Therefore, even if swimming pools and hot tubs can be opened again, Boards of Directors and community managers need to consider whether it is prudent to do so. Depending on the size, location and usage of common area swimming pools, it may not be reasonably safe to open even if governmental restrictions are lifted. If a Board decides to open the swimming pool area to residents, safeguards to maintain social distancing and proper sanitizing may need to be implemented until there is no longer a need to do so.

    It is important to realize that in addition to the Association’s legal duty to maintain the common areas in a reasonably safe condition, if there should be a claim against the Association that a resident contracted the COVID-19 virus due to negligent practices by the Association, the Association’s liability insurance will likely not cover the claim. This is because most liability policies specifically exclude coverage for claims arising from communicable diseases.  Of course, each Association needs to check with its insurance carrier to confirm the scope of liability coverage.

    In conclusion, until Governor Ducey issues an order expanding outdoor exercise activities to include swimming and use of a hot tub, your Association should not open these facilities. To prepare for opening, it may be prudent to form a Pool Committee, if your Association does not already have one, to formulate, implement and oversee protective measures for residents. Here are some procedures and rules to consider as a starting point:

    1. Community residents only. No guests.
    2. Establish hours that pool area(s) will be open for residents’ use.
    3. Limit of two people in the pool or hot tub at a time.
    4. Devise a time reservation sign-up sheet on a clipboard in the pool area.
    5. No use of bathrooms.
    6. No lounging (consider having furniture removed or stacked if this is an issue).
    7. Having hand sanitizer available so residents can sanitize hands after opening the  gate. (Leaving the gate(s) open/unlocked is not an option per the Pima County health code.)
    8. Establish a schedule to regularly sanitize railings and other surfaces that are in regular use.

    Good luck in navigating the issues that will be arising as the Stay at Home and Social Distancing governmental and public health orders are relaxed, and let us know if we can be of assistance.


    Disclaimer: The information provided is not, nor is it intended to be, legal advice. No attorney-client relationship between the reader and Goldschmidt|Shupe is intended. You are not considered a client of our law firm until you have signed a written agreement accepted by us.

  • Changes to G|S Office Hours

    Effective Monday, March 23, 2020, and until further notice, the Goldschmidt|Shupe office will be switching to a more remote-based working environment, with limited public access to the office.

    We are maintaining the usual business hours, so please feel free to contact us via phone and email. We appreciate your patience and understanding during this transition in operations and thank you for your continued trust in Goldschmidt|Shupe for all your communities’ legal needs.

    Phone: 520-265-4462
    Email: office@gshoalaw.com

     

  • 2020 G|S Lunch & Learns

    All of our Lunch & Learn seminars are held at the Tucson Association of Realtors Conference Center located at 2445 N. Tucson Blvd., Tucson, Arizona 85716. Space is limited, so be sure to register!

    Want to make sure you don’t miss any of our events? Email us at office@gshoalaw.com and ask to be added to our email list.

    Thursday, February 20, 2020
    11:30am-1:00pm

    Topic: Spring Refresher 2020
    Join Carolyn Goldschmidt and Michael Shupe for a topical discussion regarding the Architectural and Design Review process; an update on HOA bills and Legislative trends; and recent stories about HOAs in the news.


    Wednesday, April 1, 2020 – CANCELLED
    11:30am-1:00pm

    This event has been cancelled.


    Friday, October 9, 2020
    11:30am-1:00pm

    Topic: TBA

  • Arizona HOA Legislative Update 2019

    Arizona HOA Legislative Update 2019

    For a printable PDF version of this article, click here.

    This year’s Arizona legislative session adjourned on May 28, 2019. The general effective date for new laws is August 27, 2019. The following is a summary of new laws that are of interest to homeowners and condominium associations. For the full text of the laws go to www.azleg.gov. Copies of the Arizona Condominium Act and Arizona Planned Communities Act are available to view and download on our website under the G|S Resources tab.

    H2230: WRIT OF GARNISHMENT; CERTIFIED MAIL
    Service of a writ of garnishment to collect on a judgment may be made by certified mail, return receipt requested, at the regular place of business of the entity to be garnished (the “garnishee”). If served by certified mail, the effective date of service is the date of receipt by the garnishee.

    H2451: REAL ESTATE LICENSURE; EXCEPTIONS; RENTALS
    Real estate licensing regulations do not apply to a person who, on behalf of another, solicits or accepts reservations and/or monies for occupancies of 31 or fewer days in any dwelling unit. Prior version of the law applied only to dwelling units in a common interest development.

    H2672: VACATION RENTALS; SHORT-TERM RENTALS; REGULATION
    Counties and municipalities may require the owner of residential property to provide contact information for the owner or the owner’s designee who is responsible for responding to
    complaints in a timely manner in person, over the phone or by email at any time of day before offering for rent or renting a vacation rental or short-term rental.

    H2687: CONDOMINIUMS; TERMINATIONS; APPRAISALS
    Modifies and repeals 2018 law relating to termination of condominium procedures. At least 30 days before recording a termination agreement, the board of directors of the condo association is required to convene a meeting at which requirements must be met to show that at least 80% of the votes in the association have agreed to the termination. The percentage interests of unit owners will be modified to include their pro rata share of any monies in the association’s reserve fund and the operating account, plus an additional 5% of the available monies for relocation costs. A unit owner may obtain a second independent appraisal at his/her expense, and arbitration will be required in the event that the difference between the appraisals is greater than 5%. Also, as part of the arbitration process, the appraisers determining the fair market values of the condo units are required to fully disclose their appraisal methodologies and any other transaction occurring between the buyer and the sellers.

    S1094: PLANNED COMMUNITIES; APPLICABILITY
    The Arizona Planned Communities Act does not apply to a nonprofit corporation or unincorporated association of owners that was created or incorporated before January 1, 1974
    and that does not have authority to enforce covenants, conditions and restrictions related to the use, occupancy or appearance of the separately owned lots, parcels or units in a real estate development, unless a majority of all the members of such a nonprofit corporation or unincorporated association of owners elect in writing to subject the corporation or association to those statutes by recording a notice of election with the county recorder. The notice of election must include the written approval of a majority of all the members, and is effective as of the date of recording. The election may be rescinded in the same manner as an election.

    S1271: PURCHASER DWELLING ACTIONS; NOTICE; COMPLAINTS
    Includes various changes relating to construction defect actions filed by a purchaser. The seller’s construction professional is added to the process for the right to repair and replace a construction defect; and a seller who receives a written notice of the basis of a dwelling action is required to forward a copy of the notice to each construction professional who the seller reasonably believes is responsible for an alleged defect that is specified in the notice. This law also establishes additional judicial procedure for each alleged defect to first determine if a construction defect exists and the amount of damages caused by the defect, and to identify each seller or construction professional whose conduct may have caused, in whole or in part, any construction defect. The court is authorized to award the prevailing party reasonable attorney fees limited to the amount of fees actually and reasonably incurred with respect to the contested issue, according to certain specific factors set forth in the statute. Clauses in any “construction contract” or “architect-engineer professional service contract” involving a dwelling that include waivers of negligence or indemnification clauses as to liability for loss or damage are void as being against the public policy of this state.

    S1397: REGISTRAR OF CONTRACTORS OMNIBUS
    Numerous changes to statutes relating to the Registrar of Contractors (ROC) and the regulation of licensed contractors. The Registrar of Contractors Recovery Fund (RCR Fund) award is prohibited from exceeding the actual damages suffered by the claimant as a direct result of a contractor’s violation, and the maximum individual award from the RCR Fund is $30,000. A billing or estimate for a progress payment is required to be submitted on a 30-day billing cycle unless the construction contract and each page of the plans specifically identifies a different billing cycle in a clear and conspicuous manner.

    S1531: HOAS; ASSESSMENTS; COSTS
    Various changes relating to condo associations and planned community associations: A lien for unpaid HOA assessments is extinguished unless legal action to enforce the lien is instituted within six years (increased from three years), after the full amount of the assessment becomes due. For a delinquent account for unpaid assessments or for charges related to unpaid assessments, the HOA is required to provide a specific written notice to the unit owner or member at least 30 days before authorizing an attorney or a collection agency that is not the HOA’s managing agent to begin collection activity on behalf of the HOA. Beginning January 1, 2020, an HOA with more than 50 units or lots that contracts with a third party to perform management services is required to provide a statement of account in lieu of a periodic payment book to the unit owner or member with the same frequency that assessments are provided for in the declaration. Information that must be included in the statement is specified. An agent for an HOA is authorized to collect assessments on behalf of the HOA directly from a unit owner and to charge a convenience fee that is approximately the amount charged to the agent by a third-party service provider.

  • Community Law – Episode #4 – Tucson Business Radio

    Community Law – Episode #4 – Tucson Business Radio

    Download Audio


    As Founder and Owner-operator of Oversii, Steve Rabish’s vision of enforcement has positively changed behavior at 100’s of properties they now service in 2 cities. Growth, technology, and relationships is his main focus within the company. In his free time, he gets to spend time with his family, exercise, painting, and dog.

    Craig Pratt
    Sr. Project Consultant
    Sunland Asphalt and Seal Coating

    Craigp@sunlandasphalt.com
    520-661-1053

    Craig Pratt is a Senior Project Consultant in Sunland’s Tucson office. He earned a degree in Business from the University of Tennessee and has over 20 years of experience in the asphalt industry. Craig is an expert in Sunland’s products and services, working with customers to identify their specific needs, identifying potential issues and ensuring that the customer’s expectations have been met. Craig is an active member of the Community Associations Institute (CAI).

  • Community Law Episode #3 – Tucson Business Radio

    Community Law Episode #3 – Tucson Business Radio

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    Rhonda Rayhel
    Vice President
    Mission Management Services

    8375 N. Oracle Rd, Suite 150
    Tucson, AZ 85704
    (520)797-3224
    rhonda@missionmanagement.biz

    Mission Management Services is a new management company serving Tucson and the surrounding area. They opened their doors in March of 2017. Vice President, Rhonda Rayhel, helped to start the company by bringing over 19 years of experience in the HOA industry. She started as the senior accountant for one of the largest associations in Southern Arizona. After six years at this position, she changed companies and became the Director of Operations and then the Regional Director for Y Cross Management and FirstService Residential.

    Rhonda has received her CMCA certification through the Community Association Institute and currently serves as the Treasurer on the Board of Directors with the Southern Arizona Chapter. All managers of Mission Management Services are either certified or currently working on their certification.

    Ruth Ingoldsby
    Sr. Vote Manager & Client Relations
    Vote HOA Now

    (480)550-9343
    ruth.ingoldsby@votehoanow.com
    https://www.linkedin.com/in/ruthingoldsby/

    Before joining Vote HOA Now as vendor to the community association industry, Ruth Ingoldsby was involved in community management at both a branch office and onsite. Along with managing online votes throughout the US and Canada, she assists with business development and marketing where she presents both in-person and online to management companies, committees, and boards.

    Ruth has a communications degree from the University of Illinois, holds the CMCA designation, and is a CAI Educated Business Partner.

  • Community Law -Episode #2 – Tucson Business Radio

    Community Law -Episode #2 – Tucson Business Radio

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    Howard Schmitter
    President
    Green Valley Council

    (520) 664-5754
    howard@hbsmanagementsolutions.com
    hbsmanagementsolutions.com

    I spent over 30 years in the department store world as a senior executive in operations. My wife and I were born in Columbus, Ohio and through work lived in Indianapolis, Denver, Cleveland and New Jersey before moving to Tucson. We started our company in Tucson in 2008 and we are now approaching 100 employees. I have served on numerous committees overseeing charitable operations within the cities that i have resided in.

     

    Jeff Leane
    Insurance Specialist
    LaBarre Oksnee Insurance

    (800) 898-0711
    JeffL@hoa-insurance.com
    hoa-insurance.com

    Jeff Leane is a community association insurance specialist with LaBarre Oksnee Insurance – a medium sized insurance broker founded in 1985.Jeff got his start working with community associations back in 1992 as a community manager and later as a development consultant for home builders before joining LaBarre Oksnee in 2006. Currently LaBarre Oksnee insures more than 6,000 community associations in Arizona, California and Nevada.