2025 HOA/Condo Academy Class #5: Board Excellence: Roles & Responsibilities & Code of Conduct

Welcome to Class #5 of our 2025 Virtual HOA/Condo Academy - in partnership with the cities of Avondale, Chandler, Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Surprise and Tempe.

In today’s class we are going to discuss everything you need to know about board member roles and responsibilities, including tips on how boards can use a Code of Conduct to manage challenges effectively.

Q&A can be viewed here:    • 2025 HOA Academy Class #5 Questions & Answers  

00:00 Introduction
00:57 Neighborhood Services
01:08 Beth Mulcahy, Esq.
01:32 Class Topic
02:37 Poll
03:04 Pending
Legislation
03:54 SB1039 - HOMEOWNER’S
ASSOCIATIONS; MEETINGS; RECORDINGS
04:37 HB2322 - CONDOMINIUMS; COMMERCIAL
STRUCTURES; RESIDENTIAL STRUCTURES
05:11 SB1494 - COMMON EXPENSE LIENS;
FORECLOSURE; AMOUNT
07:07 Roles and Responsibilities and the
Board Member Code of Conduct
09:33 General Responsibilities of the Board of Directors
12:24 Board Members and
Directors Responsibilities
12:25 Play a participatory role
13:58 Read, understand, and comply with the
governing documents.
15:05 Fiduciary duty
17:34 Treat as a business.
19:34 Oversee the management company (should one
be in place) which in turn oversees banking,
budgets, insurance, utilities, landscape,
taxes, etc.
22:23 Give notice and hold regular board meetings
and annual meetings, under Arizona Open
Meeting Law, A.R.S. 33-1804/A.R.S. 33-1248.
24:13 Follow and enforce the rules and
regulations, the CC&Rs, bylaws. Collecting
assessments fairly and consistently.
25:19 Give owners notice of CC&R violations with
an opportunity to be heard before levying
reasonable fines.
26:56 Comply with an owner’s request to inspect
and review records of the association as
allowed by Arizona law,
A.R.S. 33-1805/A.R.S. 33-1258.
28:18 Provide open communication to the
membership such as a newsletter, bulletin
board, website, etc.
29:55 Prepare an annual budget and adhere to
the budget.
34:04 Have a reserve study completed and
adequate funds to fund the reserve if the
board chooses, or if required by the documents.
35:29 Have financial records audited or reviewed - A.R.S. 33-1810/A.R.S. 33-1243.
36:20 Maintain active corporate status.
37:46 Hire professionals.
39:37 The Board President
42:25 Have an approachable business-like manner
as a board member.
44:10 Where Should a New Board Begin?
47:24 Code of Conduct
50:07 Boot Camp
51:23 Poll Results
52:23 Upcoming Events
53:22 Next Class
54:19 Memorial Day
54:30 Copyright 2025

Links and Cheat Sheets mentioned in this episode:
AZ Legislation: https://www.mulcahylawfirm.com/2025-p...
Board Member Roles & Responsibilities: https://www.mulcahylawfirm.com/public...
Responsibilities of Presidents: https://www.mulcahylawfirm.com/public...
Federal Laws: https://www.mulcahylawfirm.com/public...
Code of Conduct: https://www.mulcahylawfirm.com/board-...
Upcoming Classes and Seminars:
https://www.mulcahylawfirm.com/upcomi...

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