Common unenforceable HOA rules in Arizona

This article is for general informational purposes only and does not constitute legal advice. Laws and regulations frequently change or may be subject to local variations. Boards should consult qualified legal counsel and work closely with their property management partner before creating, modifying, or enforcing any rules or penalties.
 

What are unenforceable HOA rules in Arizona?

An unenforceable homeowners association (HOA) rule is one that violates a higher legal standard, conflicts with existing laws, or exceeds the authority granted to the association by its governing documents.

Many HOAs in Arizona follow the Arizona Planned Communities Act and the Arizona Nonprofit Corporation Act if they are formed as nonprofit corporations. If the community is a condominium, it may also be governed by the Arizona Condominium Act. Additionally, HOAs must comply with the federal Fair Housing Act and other laws that guard against discrimination based on race, religion, national origin, disability, and other protected classes.

Some Arizona cities enforce stricter regulations on noise, short-term rentals, and property maintenance, which could override an HOA’s rules. Homeowners and board members should familiarize themselves with both state and local requirements to avoid conflicts that could lead to legal disputes. Any rule that contradicts these statutes, discriminates against protected groups, or is improperly adopted may be deemed unenforceable if challenged.
 

Examples of unenforceable HOA rules in Arizona

HOA rules may be considered unenforceable due to legal conflicts, improper implementation, or selective enforcement:

• Discriminatory HOA rules: Under the federal Fair Housing Act and similar laws, an Arizona HOA must not adopt rules that discriminate against protected classes (e.g., restricting occupancy based on race, religion, or disability). Rules that impede necessary accommodations risk becoming unenforceable.
   
• Rules outside HOA authority: HOAs cannot override city ordinances, state laws, or federal regulations. For example, an HOA typically cannot control parking on public streets or establish rules that conflict with municipal codes.
   
• Outdated HOA rules: As Arizona law evolves, some older rules may become unenforceable. Associations should consult an attorney to review and update their governing documents to keep pace with any legal changes.
   
• Improperly enforced HOA rules: Even a valid HOA rule may be challenged if the board enforces it inconsistently or fails to follow due process (e.g., sending notices of violation, allowing a homeowner to present their case, and providing a written ruling).
   
• Improperly enacted HOA rules: When adopting or amending HOA rules, boards must follow the procedures outlined in their governing documents and state laws. This typically includes giving notice to members, holding a comment period, and voting according to the association’s bylaws. Failing to follow these steps could leave a rule open to legal challenge.
   
• Retroactive HOA rules: Penalizing homeowners for actions taken before a rule existed could leave HOAs open to legal challenges.
   
• Vague or ambiguous HOA rules: If a rule is too subjective, it may be difficult to enforce consistently.

FirstService Residential offers expert guidance to Arizona communities in creating and enforcing rules that are fair, transparent, and legally compliant. Our experienced team helps board members develop HOA rules aligned with Arizona’s unique legal framework and the values of each community.
 

Examples of Arizona HOA rules

When HOA rules are properly adopted, clearly documented, and enforced in accordance with state law, they may be considered enforceable. Here are a few examples of common enforceable HOA rules in Arizona:

• Parking and vehicle guidelines: HOAs typically oversee parking in private or HOA-owned roads and lots, including visitor spots or clubhouses, depending on municipal codes. As long as these rules do not conflict with state laws and are consistent with the HOA’s governing documents, they may be enforceable through fines or other penalties.
   
• Maintenance standards: Many Arizona HOAs require homeowners to maintain yards or repair external structures to preserve the community’s appearance. If the association clearly defines and uniformly enforces these standards, they may be valid.
   
• Use of common amenities: Pools, clubhouses, and sports courts in Arizona communities can be regulated through rules on operating hours, guest policies, and cleanup requirements.
   
• Pet rules: HOAs sometimes set reasonable restrictions on pets, such as certain leash requirements or limitations on certain behaviors. As long as these do not conflict with disability or fair housing laws which may require accommodations for assistance animals, they may be enforceable.
   
• Architectural guidelines: Associations may regulate exterior modifications to homes, such as paint color, landscaping, or fence styles, to maintain a uniform aesthetic. Provided the association follows the correct procedures for imposing these guidelines (as set forth in its governing documents), they’re likely enforceable.

Because rules must align with Arizona statutes and be enacted properly, it’s crucial for boards to work closely with an association attorney and their property management company. All rules must meet legal requirements, appear clearly in the governing documents, and be consistently applied to every homeowner.
 

How to address unenforceable HOA rules

If you suspect a rule conflicts with state law or oversteps the HOA’s legal authority, start by reviewing the association’s Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and relevant meeting minutes. You can then raise your concerns during a board meeting or by communicating directly with board members. If the board agrees that a rule is problematic, it may amend or remove it after consulting with its attorney.

In many HOAs, boards are volunteer-led, and miscommunications or outdated rules can sometimes arise despite best intentions. Approaching the conversation with a collaborative mindset can encourage constructive discussions and help boards take meaningful steps toward updating or clarifying community rules.
 

Questions about unenforceable HOA rules in Arizona?

Staying informed about unenforceable HOA rules is essential for both homeowners and board members in Arizona. Although associations have significant authority to shape their communities, enforceable HOA rules in Arizona must adhere to state and federal protections.

If your Arizona HOA needs support reviewing or updating its rules, FirstService Residential is here to help. Our team partners with board members to address each association’s unique needs and support enforceable HOA rules. Contact a member of our team today for expert guidance and professional support.