Understanding Arizona HOA rules

What are HOA rules?

HOA rules are guidelines set by a homeowners association (HOA) to help maintain community standards and support the long-term property values of the neighborhood. In Arizona, these rules must align with state laws such as the Arizona Planned Communities Act and the Arizona Condominium Act, depending on the type of association.

Arizona HOA rules typically originate from a combination of the association's governing documents, including the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Examples of Arizona HOA rules

Here are some common areas that associations in Arizona regulate:

• Architectural modifications: Homeowners may need approval before making changes like changing paint colors or building fences.
   
• Parking and vehicle restrictions: Some HOA parking rules regulate where residents and guests can park, especially in private drives or common areas.
   
• Pet restrictions: HOA pet policies may set rules on issues such as leash requirements or limits on the number of pets. These rules must comply with state and federal laws, especially regarding service and assistance animals.
   
• Trash and landscaping maintenance: HOA maintenance policies may prevent visual clutter and promote uniformity, such as guidelines for yard upkeep or scheduled trash can placement.
   
• Use of amenities: Pools, clubhouses, and gyms may have posted hours, guest policies, or reservation systems governed by the HOA's rules.
   

How to create Arizona HOA rules

Whether you are addressing overnight guest parking, designated smoking areas, amenity usage, or approved flooring, the basic process for creating good policies and enforcing them successfully is the same. Consider these steps to establish reasonable community policies that won’t turn your board into the enemy.

1. Apply common sense.

   If a rule isn’t necessary, don’t make it. You should always balance property values and resident well-being with homeowner freedom. If the rule creates a bigger problem than the one it resolves, it’s not a good rule. Designing new policies and rules for a specific outcome or goal can help you achieve something concrete. If it doesn’t, look at why it’s being brought up for consideration.
    

2. Avoid personal or political bias.

   Rules should never be created to serve a personal agenda, respond to political pressure, or resolve isolated grievances. Reassess the motivation behind the proposed rule and confirm it's truly in the community’s best interest.
    

3. Be mindful of local laws and ordinances.

   Check that the rule complies with local ordinances and your association’s governing documents. When possible, mirroring these laws can give the policy more validity and provide another avenue of enforcement. All new policies should be vetted by your community manager to minimize the risk of violating the association’s existing rules.
    

4. Keep penalties reasonable.

   When crafting rules, remember to keep penalties in line with the severity of the violation. Consider leniency for a certain period of time when you first implement a rule. A progressive system that starts with a friendly reminder, followed by a written warning, and then an official violation notice and penalty is one way to go.
    

5. Communicate clearly.

   People cannot be held to a standard they don’t know about. Before implementing a new policy or rule, communicate the change to the membership well in advance of the implementation date.
   
   It’s not always the case that the bylaws or CC&Rs need to be amended, which typically requires a vote of the membership. Most CC&Rs give the board authority to create policies, rules, and regulations by board resolution only. Despite the board having this autonomous authority, it’s best practice to be as transparent as possible and to communicate the new policy, rule, or regulation to the community at least 30 days in advance of the implementation date.
    

6. Do a regular rule check.

   Does a rule made five years ago still make sense? Take a look at all your policies and rules on an annual basis to determine whether they are still applicable. Check that no new legislation has been passed that may make a rule obsolete. Make updates or eliminate policies as needed with help from qualified legal counsel.

How to enforce HOA rules

The new rules and policies must apply to everyone in the community and be fairly enforced. If residents do not feel as if they will be treated fairly, they will have little motivation to comply with a new HOA policy. Your community management company can help your board properly enforce HOA policies and follow up on a regular and timely basis.

Residents who commit violations should receive proper written notice of that violation, along with a clearly detailed description of the consequences. They must have an opportunity to respond with their side of the story, following the process already established by your HOA. Keep in mind that they have a right to legal counsel if they feel they are being treated unreasonably.

If your association hasn’t been enforcing policies at all, it’s not too late! You can revitalize your community and your rules at any point. Start by sending a notice to residents (but run it by your community manager and association attorney first). Let them know that you will begin enforcing the rules on a specific date. Include a reminder of the policies and the process for addressing violations.

Want to learn more about unenforceable HOA rules in Arizona? Click here.
 

Homeowner rights in Arizona community associations

Arizona homeowners have the right to fair treatment and access to information under state law and their association's governing documents.

Under Arizona law, homeowners can typically:

• Attend open board meetings: HOAs must provide advance notice of board meetings, which must be open to members except for specific topics like legal discussions or personnel matters.
   
• Inspect records: Homeowners can typically request copies of certain financial records, board meeting minutes, and governing documents.
   
• Review and participate in rulemaking: Homeowners may be allowed to comment on proposed rule changes and in some cases vote on amendments.
   
• Request accommodations: HOAs must comply with the Fair Housing Act and allow reasonable accommodations for residents with disabilities.

The process of creating rules and policies can be a smoother one if you keep all of these concepts in mind when creating, implementing, and enforcing a new HOA policy in your community. For more information on how a professional community management team with the right communication tools can assist your association, contact FirstService Residential, Arizona’s leading community management company.