Independent Contractors (AZ & NM)
Many associations have questions regarding the hiring of independent contractors. For example, an association may wish to have a handy man perform services around the complex, or hire an owner in the community to shovel the snow off the walks in the winter. If the association is evaluating hiring an independent contractor, it should keep the following general principles […]
Insurance (AZ & NM)
Appropriate insurance is very important for associations, to protect not only the association as a whole, but the individual board members who are volunteering their time to serve the association. When evaluating insurance, keep the following information in mind: 1. Understand what types of insurance exist. (A) General Liability Insurance – Liability insurance insures against third party claims arising […]
Mold (AZ & NM)
Mold is becoming a very serious issue for associations, particularly condominiums. The cost of remediating mold can be very expensive. However, mold cannot be ignored, as some forms of mold can cause health problems. Therefore, the association should consider the following possible actions in addressing the issue of mold: If the association has water intrusion, it should immediately take […]
Nonprofit Corporation Requirements (NM)
Every association that is formed as a nonprofit corporation in New Mexico must comply with the provisions of the Nonprofit Corporation Act. The following is a summary of some of the requirements of the Nonprofit Corporation Act: The association must hold an annual meeting at least once every thirteen (13) months. Otherwise, any member can petition the court […]
The President’s Role on the Board (AZ & NM)
A question often arises as to whether the president of an association has a right to vote on board matters. In every association of which we are aware, the board president is also a member of the board. As such, he or she has the right to vote as any other board member. Furthermore, many […]
Rules and Regulations (AZ & NM)
Many associations adopt rules to govern various portions of their community. When an association adopts rules, it needs to understand whether it has the authority to adopt a particular rule. When the association is considering adopting rules to govern the community, it should keep the following information in mind: The association’s power to adopt rules usually comes from its governing […]
Sources of Law (AZ & NM)
There are three primary sources of law: The association’s governing documents. These may include the declaration, plat, articles of incorporation, bylaws, rules and regulations, and design guidelines. There are a variety of state statutes that may apply to any given situation, as well as the federal Fair Housing Act, FCC regulations governing satellite dishes and antennas, and the federal law governing […]