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Arizona HOA Rules that can be Enforced and Rules that Cannot

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The first question one must answer is whether the rule complements the CC&Rs that are already in place. Do the CC&Rs allow this kind of rule or not? If not allowed in the CC&Rs, then the rule, no matter what it may be, may not be enforceable. If the CC&Rs have no reference to the rule the board is considering, the rule can be created and may be enforceable. Or, if the CC&Rs simply give the board a “general rule-making authority,“ then the following could be enforceable: dog leash rules, speed limits, over sized pet rules, parking rules, weed rules, hours of operation of recreational facilities, home paint color rules, rules requiring approval from the association before a homeowner can make any exterior modification to their lot.

Arizona HOA rules that may not be enforceable include rules that discriminate on the basis of race, religion, disability, age, gender or sexual preference. Rules that restrict what a homeowner can and cannot do within the walls of their own home, assuming those activities are not so loud or intrusive that they adversely impact their neighbors.

You can look for more information about rules by clicking here for more details.

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2 Responses to “Arizona HOA Rules that can be Enforced and Rules that Cannot”

  1. driverq5@juno.com

    so can the hoa enact a bylaw making a lease a minimum of 6 mos if the cc%r’s say 30 day minimum?

  2. admin

    The article addressing your question is scheduled to post in the Q&A section tomorrow. Check it out then.

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