In Arizona, CC&Rs are usually enforced by homeowners associations (HOAs). In many cases, however, they may also be enforced by individual homeowners.
C.C. & R'S Abbreviation for declaration of conditions, covenants and restrictions document. A legal document typically recorded by the subdivision developer concurrently with the subdivision plat map.
In 2024, Arizona introduced new laws affecting HOA governance. One significant change is HB-2067, which mandates the automatic removal of HOA board members who fail to hold a special recall meeting as required.
Here are some of the documents you can ask for as a homeowner: CC&Rs: The covenants, conditions and restrictions (CC&Rs) outline the rules and regulations of the community. Bylaws: The bylaws establish operational procedures for the HOA, like voting rights, elections, meetings, powers of the board, and more.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
You can use the Recorded Document Search to find the Covenants, Conditions, and Restrictions (CC&Rs) for a property or HOA. CC&Rs are typically recorded under the name of the property subdivision or the name of the HOA. When searching, please search using the "Business Name" section.
In Arizona, forming an HOA requires drafting and filing the Articles of Incorporation under the Arizona Nonprofit Corporation Act, which legally establishes the HOA as an entity.
You will need to have the agreement of at least 80% of the HOA members. Unless the HOA is doing an extremely poor management job, this will be difficult, since the other homeowners chose to buy in that neighborhood. Because the HOA was created through legal documents, dissolving it will also be a legal process.