HOA rules vs CC&Rs Arizona disputes often arise when a homeowner is told they violated a “rule,” but the recorded CC&Rs appear to say something different. The short answer is that CC&Rs generally control over board-adopted rules because they are recorded covenants that run with the land. However, the full analysis depends on the hierarchy of governing documents and whether the rule was properly adopted and authorized by the declaration.
In Arizona, homeowners associations operate under a layered set of governing documents. At the top are the recorded CC&Rs. Below that are the bylaws and articles of incorporation. Then come board-adopted rules and policies. When there is a conflict, the higher-level document typically prevails.
Understanding that hierarchy is critical before accepting a violation notice or assuming the board’s position is correct.
What Are CC&Rs and Why Do They Carry Greater Weight?
CC&Rs, or Covenants, Conditions, and Restrictions, are recorded against the property and bind all owners within the community. They function as a private contract among owners and the association. Because they are recorded in the county’s official records, they provide notice to anyone purchasing property in the community.
In both planned communities and condominiums, the declaration establishes the association’s fundamental powers and restrictions. For planned communities, this framework exists within the Arizona Planned Community Act, A.R.S. § 33-1801 et seq. For condominiums, it exists under the Arizona Condominium Act, A.R.S. § 33-1201 et seq.
Amending CC&Rs usually requires a vote of the membership and compliance with specific procedural requirements outlined in the declaration itself. That higher amendment threshold reflects the weight of the document.
Because CC&Rs are recorded covenants and require owner approval to amend, they generally override rules adopted solely by the board.
What Are HOA Rules and How Are They Created?
HOA rules are typically adopted by the board of directors under authority granted in the CC&Rs or bylaws. They often address day-to-day operational matters such as parking policies, pool usage, architectural procedures, or enforcement processes.
Rules are easier to adopt and amend than CC&Rs. In many communities, the board can pass or revise rules by majority vote at a properly noticed meeting. Arizona law requires open meetings in most circumstances. See A.R.S. § 33-1804 (planned communities) and A.R.S. § 33-1248 (condominiums).
However, the board’s rulemaking authority is not unlimited. A rule must be consistent with the declaration and within the scope of authority granted by the governing documents. A board cannot use a rule to create a new restriction that the CC&Rs do not authorize.
If the CC&Rs are silent on a particular subject, the question becomes whether the board has been granted general authority to regulate that area. If the CC&Rs explicitly address a subject, a conflicting rule is vulnerable to challenge.
The Hierarchy of HOA Governing Documents
When analyzing a conflict, it helps to understand the general hierarchy:
- Recorded declaration (CC&Rs)
- Articles of incorporation
- Bylaws
- Board-adopted rules and policies
Arizona statutes overlay this structure. If a provision in the governing documents conflicts with state law, the statute controls.
If a rule conflicts with the CC&Rs, the CC&Rs typically control. If a bylaw conflicts with the declaration, the declaration controls. This layered structure exists because the declaration is the foundational contract recorded against the property.
Boards sometimes blur this hierarchy by enforcing rules as though they carry the same authority as the declaration. They do not.
Can an HOA Enforce a Rule That Is Not in the CC&Rs?
An HOA may enforce a rule that is not explicitly listed in the CC&Rs if the declaration grants the board authority to adopt reasonable rules governing the use of common areas or community operations. Many declarations include broad language allowing the board to adopt rules “for the health, safety, and welfare” of the community.
The problem arises when a rule effectively amends the declaration without a vote.
For example, if the CC&Rs permit leasing without restriction and the board adopts a rule prohibiting rentals altogether, that rule likely exceeds the board’s authority. In planned communities, rental restrictions are specifically addressed in A.R.S. § 33-1806.01, and amendments affecting rental rights often require compliance with statutory limitations.
Similarly, if the CC&Rs permit certain architectural changes subject to approval, the board cannot adopt a rule that categorically bans those changes unless the declaration authorizes that level of discretion.
The key question is whether the rule implements the declaration or contradicts it.
What Happens When There Is a Conflict?
When a homeowner believes a rule conflicts with the CC&Rs, the analysis should begin with the text of both documents. The language matters. Courts interpret restrictive covenants according to their plain meaning and will not expand restrictions beyond what is written.
If a conflict exists, the declaration typically prevails. In some cases, the rule may be considered ultra vires, meaning beyond the board’s legal authority. Enforcement of such a rule may be challenged.
However, not every disagreement constitutes a legal conflict. Boards are often granted discretion in interpreting and applying the declaration. The distinction between interpretation and contradiction is important.
A careful reading is required before concluding that a rule is invalid.
Practical Steps Before Challenging a Rule
If you receive a violation notice based on a board-adopted rule, request a copy of the specific rule and the declaration provision that authorizes it. Compare the two. Look for language granting rulemaking authority in that area.
Review whether the rule was adopted in compliance with open meeting requirements under A.R.S. § 33-1804 or A.R.S. § 33-1248. Procedural defects can sometimes affect enforceability.
If fines have been imposed, confirm that statutory notice and hearing requirements were followed under A.R.S. § 33-1803 for planned communities or A.R.S. § 33-1242 for condominiums.
Many disputes escalate because homeowners assume a rule is automatically binding without examining whether it aligns with the declaration.
Frequently Asked Questions
Do HOA rules override CC&Rs in Arizona?
No. CC&Rs generally control over board-adopted rules because they are recorded covenants approved by the membership and recorded against the property.
Can a board create new restrictions through rules?
Only if the declaration grants authority broad enough to support that restriction. A rule cannot contradict or effectively amend the CC&Rs without following the amendment process required by the declaration.
What if the rule seems unfair but does not conflict with the CC&Rs?
If the rule is within the board’s authority and was properly adopted, fairness alone may not make it invalid. The question becomes whether it exceeds the authority granted by the governing documents or violates Arizona law.
Can state law override both rules and CC&Rs?
Yes. If a provision in the governing documents conflicts with Arizona statutes, the statute controls.
HOA governance in Arizona operates within a clear hierarchy. The declaration sits at the top of the community’s internal authority structure, and board-adopted rules must remain consistent with it. When that hierarchy is ignored, disputes follow.
If a rule is being enforced against you, it is also important to understand how Arizona HOAs can and can’t fine homeowners and what to expect at an HOA violation hearing in Arizona. Even when a board has rulemaking authority, it must follow statutory notice and hearing requirements before imposing penalties, and those procedures can affect whether a fine is enforceable.
If you need help with your situation in Arizona, you can book a consultation directly here.