Mulcahy Blog

Permanent Lighting in HOAs and Condos: A Bright New Trend or a Compliance Challenge?

Permanent lighting—also known as “permanent holiday lighting” or “trim lighting”—is quickly becoming one of the hottest home improvement trends of 2025. These systems use low-profile LED light strips installed along rooflines or eaves that can be controlled via mobile app to change colors or brightness year-round. Homeowners love the flexibility and curb appeal of permanent lighting. The technology allows residents [...]

Protecting Association Funds: The Importance of Using an FDIC-Insured Bank

Homeowner and condominium associations are responsible for managing significant community funds, and protecting those funds should always be a top priority. Even though bank failures are relatively rare, they can occur, and associations should take proactive steps to minimize financial risk and ensure their deposits are fully protected. The Federal Deposit Insurance Corporation (FDIC) provides deposit insurance coverage for checking, [...]

Be Aware and Vigilant—TAKE CONTROL of Your Association’s Finances!

Let’s be honest—no one wants to think about fraud or embezzlement happening in their community association. But as we’ve seen all too often, theft can and does happen, even in the most well-meaning communities. At Mulcahy Law Firm, P.C., we want your association to stay safe, informed, and in control. That’s why we’re sharing some simple but essential steps boards [...]

The Legal Documents Regulating Community Associations

Are you familiar with and understand the unique role of the legal documents pertaining to your HOA or condo? An association’s governing documents define the framework, rules, and standards for your association and all its members. But what exactly are these documents, and how do they relate to one another? Let’s break down the key documents that regulate community associations [...]

Summer Landscaping

For anyone who has spent time in the Arizona Valley during the summer, 100+ degree temperatures are the norm. While we tend to spend most of our time indoors during this time of year, our landscaping does not have that option. In most cases, once a plant or tree shows visible signs of decline due to the heat, it is [...]

New Arizona Construction Hour Laws: What HOAs/Condos Need to Know

The new AZ statutes regarding summertime construction hours, i.e., ARS Sections 9-500.52 (Municipalities) and A.R.S. 11-269.30 (Counties), prohibit municipalities and counties from restricting properly permitted construction activities during the specified hours (5am-7pm business days, 7am-7pm Sat, 1 hr earlier for concrete pouring) and specified months (May 1 - October 15). Therefore, HOAs can be more restrictive with hour limitations on construction [...]

Can HOAs/Condos Count Non-Votes as “Yes” Votes?

Recently, a question has arisen among community association boards considering amendments to their governing documents. Some boards are interested in lowering the quorum requirement for member votes — a practical adjustment for communities facing low voter turnout. However, there are instances where boards also contemplate a controversial change: counting a member’s failure to vote as a “yes” vote, both toward [...]

Can AZ HOAs/Condos Restrict Home Ownership or Occupancy by Registered Sex Offenders?

Arizona law requires registered sex offenders to notify law enforcement of their residence, and those classified as Level 2 (intermediate risk) or Level 3 (high risk) trigger mandatory community notification. This means law enforcement will alert neighbors, schools, and community groups when these offenders move into an area, often providing details such as their photograph, address, and criminal background. HOAs/condos, [...]

HOA/Condo Board In-Fighting

A common question we hear from boards is whether it’s appropriate to address the behavior of a board member who frequently challenges decisions or tells officers how to do their jobs. While a diversity of opinions can be valuable, ongoing disruption from a single member can create tension and hinder the board’s ability to function effectively. This kind of infighting [...]

Can Associations Prohibit Drug Rehab or Assisted Living Homes?

Our clients often ask whether they can prohibit drug rehab businesses or assisted living facilities from operating in single-family homes, especially when their CC&Rs state “single family homes only” and “no businesses.” Many managers and board members believe that federal law — specifically HUD rules and the government’s definition of disability — prevents associations from taking any action. The reality [...]

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