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

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

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.

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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 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).

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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.

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.

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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 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.

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The reason I serve on the GVC Board is the benefits that the Council provides to Homeowners Associations in Green Valley. GVC is the voice for Green Valley citizens on matters affecting all of us, and speaking as “one,” the HOAs, property owners, and investors have greater influence when communicating with all levels of government officials and agencies.

Dee and I retired to Green Valley in 2001. We joined the Green Valley Country Club and in 2002, I served on the Country Club of Green Valley & House Committee. I served as club manager and was President of the Board of Directors. I also served as a member of the Board and President of the Country Club Estates HOA. In addition to my position as President of the Council, I serve on the Green Valley/Sahuarita Chamber of Commerce Governmental Relations and Economic Development committees. I am a member of the Community Water Board and a volunteer mediator and small claims officer with the Green Valley District Court.

Mike Polletta joined the Cadden team in August of 2013 as Director of Marketing and Sales. Before being hired at Cadden Community Management, Mike owned and operated his own graphic design and printing company which provided services to Cadden Community Management going all the way back to 1997 when the company was originally called Cadden Parfrey Services.

Mike’s responsibilities with Cadden Community Management include community outreach, social media, networking with various southern Arizona business groups including SAHBA, MPA, Marana Chamber, Greater Oro Valley Chamber, Green Valley Chamber, GVCC and the Tucson Hispanic Chamber.

Mike is a graduate of the Columbus College of Art and Design where he majored in illustration and minored in fine arts. After working as a graphic designer for several companies, Mike and his wife Pi moved to Tucson from their hometown of Columbus, Ohio in 1996. They currently live in Oro Valley with their son Jenk and a variety of pets including horses, goats and a dog.