October 2019 1

Informing, educating, and supporting HOAs

in Sun City West

Changes to the OHOA Board

Sadly, the OHOA Board will soon say good-

bye to several long-time Directors. Dale

Bisbee, Seminar Director; Bev Peterson,

Hospitality Director; and Helen Naleid,

Secretary, will be leaving the board shortly. It

is with sincere gratitude that we thank them for

their years of dedicated service to OHOA. We

wish them well in their new adventures.

THE INFORMER The Organization of HOAs in SUN CITY WEST

Sun City West Foundation Office Building 14465 R.H. Johnson Blvd., Sun City West, AZ 85375

623-214-6006 Email: ACHOSCW@aol.com

OHOA Website: http://www.ohoa-scw.org/

Attend our Most Important Meeting & Seminar of the Year !

Thursday, November 14, 2019 In the R.H. Johnson LECTURE HALL

AT 10:30 a.m., attend the Annual OHOA Meeting. It is essential that we have a QUORUM! The meeting will include the Election of OHOA Directors. Ballots were emailed to all OHOA member Board Chairs in mid-October.

Please make sure that a member from your HOA board attends this very important meeting or has mailed in your HOA’s ABSENTEE BALLOT by Monday, November 11, 2019 to the OHOA Office at the address above.

PLEASE NOTE: If your HOA Board Chair/President has not received a ballot (1 per HOA), call the OHOA Office ASAP.

Our November Seminar

At 11: 00, our Seminar speaker, Beth Mulcahy, Esq, founding attorney and senior partner of Mulcahy Laws Firm, P.C. will present pertinent information on the EIGHT! new laws passed by the 2019 AZ Legislature. Several impact the majority of AZ HOAs significantly, and one, financially. She will also present “Secrets of Successful Homeowners’ Associations” based on her law firm’s experiences. Ms. Mulcay will not only enlighten you about AZ HOA law but also delightfully entertain you. Invite your entire board and your homeowners to this outstanding seminar.

Mulcahy Law firm represents more than a thousand community associations (HOAs) in the state of AZ and they only represent HOAs not residents.

The Seminar is open to OHOA member associations only.

OHOA Board Appoints New Board Member

Candy Reilly, a retired paralegal (35 years), was appointed to

the OHOA Board of Directors at the October 10, 2019 meeting.

A recent transplant from the Midwest, she was elected to the

CBS-136 HOA Board and serves as its Recording Secretary. In

her previous life, she served on numerous committees in various

capacities including president and/or chair and instructor. She

will become the new OHOA Secretary upon Helen Naleid’s

departure from the board and Sun City West. Welcome, Candy!

October 2019 2

Did You Know?

Senate Bill 1531, signed by Governor Ducey, goes into effect beginning January 1, 2020. This law amends ARS 33-1256 and ARS 33-1807.

Does this law apply to your HOA? Well, yes, if 1) your HOA is a condominium or planned community, 2) your HOA has 50 or more units/lots, and 3) your HOA has a contract with a third party (i.e. a management company) to manage your HOA.

If you answered yes to all three of these questions, your HOA or, more appropriately, your management company must provide a “statement of account” to your homeowners at the same frequency as assessments are paid. The statement must include the current balance due and the “immediately preceding ledger history.” If your Association/Management Company offers the “statement of account” by electronic means, homeowners may opt to receive the statement electronically.

How Does this Impact your HOA? Management companies will be charging HOAs to mail or email the “statement of account” information to your homeowners. For example, one local management company is charging $1.75 per month to mail the statement and $ .75 per month to email the statement. My HOA has 90 homeowners, so 90 x $1.75 = $157.50 per month to mail 90 statements; that is reduced to $ 67.50 if all 90 are emailed. We will, hopefully, be able to email the majority of statements but there will definitely be some statements that will need to be mailed. Of course, the monthly charge will be multiplied by 12. Yikes, that is a substantial hit to our budget!

Changes if a Homeowner’s Account has Gone to Collection The Association/management company is not required to provide a “statement of account” to a member homeowner if collection activity has begun on their unpaid account. The homeowner may request a “statement of account” after collection activity begins by an attorney or a collection agency that is not acting as the Association’s managing agent and must be fulfilled by the attorney or the collection agency responsible for the collection. There are more details to this law.

For more complete information, see the 2019-2020 Condo and Planned Community Statutes in Arizona.

Find them on Carpenter and Hazelwood’s website at: http://www.azleg.gov/ArizonaRevisedStatutes.asp

To find abbreviated versions of the above laws, see Beth Mulcahy’s “2019 AZ Legislature Update” Cheat Sheet at: http://mulcahylawfirm.com/news/2019%20Legislative%20Update.pdf

And “2019 – 2020 Community Association Law Summary” at: https://www.carpenterhazlewood.com/wp-content/uploads/2019/08/CH-Law-Summary-2019-2020.pdf

November

OHOA BOARD of Directors’

MEETING

Thursday, November 7, 2019

10:00 a.m. – 12:00

Mutual of Omaha Bank 19432 R.H. Johnson Blvd.

Please join us!

Vote, Vote, Vote In

OHOA’s Board Election Return your 2019 OHOA Ballot in person

at the Annual Meeting OR

MAIL your ABSENTEE Ballot to the OHOA Office by November 11,2019.

OHOA Board of Director Candidate

Jude Hogaboam - A snowbird since 2011, Jude lives in Michigan when not in SCW. Since 2017, she has been the Secretary of the Cochise HOA and also serves on its Landscape Committee. She first became interested in OHOA while seeking an answer to an HOA question and then attending both of the 2018 OHOA Leadership Academies. Jude has the OHOA Publicity Director 1since 2018 and is the Editor of The Informer, OHOA’s newsletter. She is also the editor of the Cochise HOA Neighborhood News. In her former life, she was a Secondary Social Studies teacher for more than 30 years. Currently, Jude is a SCW bowler, a Clay Club member, and hoping to return to Toy-Ki Silver Club very soon.

October 2019 3

Light up Sun City West

on

Christmas Eve!

The SCW PRIDES will again hold their annual fundraising event this year - selling LUMINARIA kits! You are invited to join in this beautiful tradition on Christmas Eve and support the PRIDES through the purchase of LUMINARIA KITS.

Each LUMINARIA KIT contains supplies for 12 luminarias and costs only $ 8.00 each. Purchase of 25+ kits is $7.50 each.

Purchase your LUMINARIA KIT just outside the entrance of Bob’s Variety Store between the hours of 8:30 a.m. and 4 p.m. beginning November 11, 2019.

Please join in this beautiful Christmas tradition AND support the PRIDES in their efforts to keep our community beautiful.

Call the PRIDES Office with questions – 623-584-2878.

JOIN the OHOA Board of Directors!

If interested, contact us at

623-214-6006

or

ACHOSCW@aol.com

AZ HOUSE BILL 2672

(Vacation Rentals; Short-Term Rentals; Regulation)

became law and went into effect on August 27, 2019

“This 2019 law requires that the owner of a short-term rental

property provide the city or town and the county, with contact

information for the owner or owner’s designee who is responsible

for responding to complaints in a timely manner before offering to

rent the property. This 2019 law also states that a short-term rental

may not be used for non-residential use including for special

events or for a retail, restaurant, banquet space, event center or

other similar use.” From Mulcahy

Law Firm

Problem in your HOA?

Step 1: Contact your management company first to report your issue.

Step 2: Issue unresolved? Discuss the issue with your individual HOA Board.

Step 3: Issue still unresolved? Contact the OHOA Office at 623-214-6006 to seek

further assistance and guidance.

Need more information? Visit the OHOA Website

at: http://www.ohoa-scw.org/

PLEASE SHARE OUR

NEWSLETTER

WITH YOUR BOARD

MEMBERS

& HOMEOWNERS !

TORCH Presentation

Tona Carruthers, our OHOA Office Manager, explained the role OHOA plays in the SCW community to the October Torch Academy students. With nearly 1/3 of SCW rooftops in an HOA, there are always numerous questions every day. Ms. Carruthers is our best resource for HOA boards and HOA homeowners searching for information especially on SCW and HOA CC&Rs.

Thank you, Tona!

October 2019 4

Mulcahy Law Firm

First FRIDAY Call-Ins for

HOA Board Members

602-241-1093

Mulcahy Law firm will answer

one legal question

FREE of CHARGE

per HOA Board

between 9:00 a.m. and 10:00 a.m.

on the first Friday of each month.

The next call-in date is:

November 1, 2019

Mulcahy Law Firm represents

HOA boards exclusively;

never HOA homeowners nor OHOA.

OHOA Office Hours: Monday, Tuesday, and Wednesday

9 a.m. — Noon

Sun City West Foundation Office Bldg. 14465 R.H. Johnson Blvd.

To the right of the Sun Health Resale Shop

Phone: 623-214-6006

OHOA is a separate, independent advisory organization that offers assistance to all

SCW HOAs and their homeowners.

OHOA answers questions concerning Arizona State HOA Statutes, CC&Rs, and By-laws as they pertain to YOUR HOA.

Remember: ALL SCW HOAs are governed by SCW By-Laws & SCW CC&Rs AND also the

specific set of CC&Rs, By-Laws, and Rules and Regulations of YOUR HOA.

Please call the OHOA Office during office hours to schedule an appointment

We are NOT attorneys and do not provide legal advice, but we can direct you to

the proper resources in most situations.

OHOA INFORMER

THE OHOA INFORMER newsletter is published eight times a year. It contains information for SCW HOA board members and their homeowners relative to the effective management of HOA Boards. The articles in the newsletter are not intended to, and do not, provide specific legal or tax advice nor recommend any law or management firms. HOA Boards of Management should consult with a licensed Arizona attorney or licensed CPA on all legal and tax issues. OHOA, its Directors and Staff, shall not have either liability or responsibility to any person, organization, or entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly, by any information provided in this newsletter. Any action taken based upon the information in this newsletter is strictly at your own risk. THE INFORMER is sent out by EMAIL ONLY to paid OHOA member associations. If you wish to unsubscribe to THE INFORMER, call the OHOA Office at 623-214-6006 or email us at achoscw@aol.com . Jude Hogaboam, Editor