Understanding Arizona HOA CC&Rs

What are Arizona HOA CC&Rs?

Arizona HOA CC&Rs are recorded covenants, conditions, and restrictions that establish a community and place binding requirements on the properties within it. Arizona statutes generally refer to this document as the “declaration.”

For a planned community, the declaration establishes the community and provides that owners are mandatory association members who must pay assessments for managing, maintaining, or improving the property (A.R.S. § 33-1802).
 

Do the CC&Rs apply to all owners?

CC&Rs and bylaws generally apply to all owners in the community. Buyers become subject to them when they purchase a home there.
 

Common examples of Arizona HOA CC&Rs

The exact provisions differ by community, but they may cover:

• Architectural applications and exterior modifications
   
• HOA maintenance and appearance
   
• Residential and commercial uses
   
• Rental restrictions
   
• Animals and pet policies
   
• Signs, flags, and exterior displays
   
• Common area use
   
• Owner maintenance responsibilities
   
• Regular and special assessments
   
• Insurance requirements
   
• Enforcement procedures
   
• Voting rights and amendment requirements

Some subjects may also be limited by Arizona HOA laws, even when the declaration contains stricter language. The HOA board of directors should have association counsel review provisions that may conflict with a current statute.
 

Where to find CC&Rs

Owners can usually obtain Arizona HOA CC&Rs from the association, the association's management company, or the county recorder's office in the county where the property is located. Bylaws are generally obtained from the association or its HOA management company. Owners should review the current documents and recorded amendments rather than relying on an older packet or unofficial summary.
 

How CC&Rs are different from bylaws and rules

CC&Rs govern the property and the association’s core authority, while bylaws and rules generally address how the association operates and applies that authority. The bylaws may explain elections, meetings, officer roles, and voting procedures. HOA rules usually provide more detailed guidance for day-to-day issues, such as amenity use or parking.
 

How CC&Rs can be amended

The process for amending Arizona HOA CC&Rs can vary depending on the community, but may follow a general sequence for boards:

1. Review the declaration. Confirm the required approval percentage, who may vote, and whether any additional parties must consent.
    
2. Prepare the proposed amendment. Work with qualified Arizona counsel to draft clear language that follows local, state, and federal law and remains consistent with the rest of the governing documents.
    
3. Notify eligible owners. If owners will vote at a members’ meeting, share the proposed change and voting instructions according to the notice procedures in the governing documents and applicable law (A.R.S. § 33-1804(B)).
    
4. Collect votes or written consents. The amendment must receive the number of owner votes or written approvals required by the declaration. If the vote is taken at a members’ meeting after declarant control ends, the association must provide for in-person and absentee voting and follow the requirements for any absentee or other delivered ballots (A.R.S. §§ 33-1817(A)(1), 33-1812).
    
5. Confirm the results. Document the vote and confirm that every required approval has been received.
    
6. Prepare and record the amendment. Within 30 days after adoption, the association must prepare, execute, and record the written amendment. Generally, the change takes effect once it is recorded (A.R.S. § 33-1817(A)).

When an amendment affects only certain lots, it generally needs both the approval required by the declaration and the affirmative vote or written consent of every owner whose property would be affected (A.R.S. § 33-1817(A)(2)). Learn more in our guide to Arizona HOA meeting laws.
 

AZ laws to know

Arizona HOA CC&Rs are governed primarily by the Arizona Planned Communities Act and the association’s recorded declaration. Important provisions include:

• The Arizona Planned Communities Act applies to qualifying planned communities and addresses association governance, assessments, records, meetings, enforcement, and declarations.
   
• A board may be able to impose reasonable monetary penalties for violations after giving the owner notice and an opportunity to be heard (A.R.S. § 33-1803).
   
• An amendment generally requires the affirmative vote or written consent specified in the declaration, including any additional approvals required by that document (A.R.S. § 33-1817(A)(1)).
   
• The association must prepare, execute, and record an approved amendment within 30 days after its adoption. The amendment becomes effective when it is recorded (A.R.S. § 33-1817(A)(3)).
   
• An amendment affecting only certain lots generally requires the approval specified in the declaration and the affirmative vote or written consent of all owners of the lots or property to which the amendment applies (A.R.S. § 33-1817(A)(2)).

Arizona statutes and governing documents can change. Boards and owners should consult qualified Arizona legal counsel for guidance specific to their situation.
 

Frequently asked questions about Arizona HOA CC&Rs

Do Arizona HOA CC&Rs expire?

Arizona HOA CC&Rs do not necessarily expire simply because they are old. The declaration may include duration, renewal, or amendment language that must be reviewed carefully. Arizona law also provides that a planned-community amendment becomes effective upon recordation despite a declaration provision calling for periodic renewal.
 

What happens when CC&Rs conflict with Arizona law?

Applicable law generally controls when a provision in the CC&Rs conflicts with a statute that overrides private governing documents. The result may depend on the wording of the law, the community type, and when the provision was adopted. Boards should not ignore the declaration without legal guidance, but they should have potentially outdated or conflicting language reviewed before enforcing it.
 

Can an Arizona HOA fine an owner for violating the CC&Rs?

An Arizona HOA may impose reasonable monetary penalties for violations after providing notice and an opportunity to be heard. The association should identify the specific provision involved and follow the process required by its governing documents and state law.
 

About FirstService Residential

As North America’s leading property management company, FirstService Residential serves Arizona boards and owners with local expertise backed by national resources. Our teams offer support with meetings, recordkeeping, financial management, banking and insurance programs, resident communication, and 24/7 customer care teams. This way, board members can focus on long-term goals instead of day-to-day administration.

With over 45 years of experience across the state, we help HOAs, condo associations, high-rises, and master-planned communities operate smoothly and meet their goals with confidence.

To learn how we can support your association, contact our Arizona team today.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.