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June 2025

Subordination and Attornment in SNDA Agreements - What Every Commercial Tenant Should Know - Gottlieb Law

Subordination and Attornment in SNDA Agreements: What Every Commercial Tenant Should Know

Subordination and Attornment in SNDA Agreements: What Every Commercial Tenant Should Know 998 665 Gottlieb Law

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any action in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.



An SNDA isn’t just legal jargon buried in the fine print — it’s a vital agreement that can mean the difference between business continuity and unexpected disruption. Whether you’re a commercial tenant investing heavily in your space or a landlord securing financing, understanding the dynamics of Subordination, Non-Disturbance, and Attornment (SNDA) is essential. These agreements set the rules for what happens to your lease if the property changes hands or the landlord defaults on a loan — balancing the sometimes competing interests of tenants, landlords, and lenders.

In this article, we take a closer look at two critical components of every SNDA: subordination and attornment. You’ll see how these provisions work together to protect a lender’s priority while ensuring your lease can survive a foreclosure. More importantly, you’ll learn why negotiating clear, fair terms is a strategic advantage for all parties — and how Gottlieb Law can help you secure your lease rights with confidence. Read on to protect your lease, safeguard your business, and negotiate from a position of strength.

The Role of SNDA Agreements

Commercial leasing is often more than just signing a lease and paying rent. Hidden in the fine print are agreements that safeguard all parties involved—landlords, tenants, and lenders—against potential risks. A critical yet often underappreciated document in commercial leasing is the Subordination, Non-Disturbance, and Attornment Agreement (SNDA). This comprehensive legal safeguard plays a pivotal role in defining the relationship between tenants, landlords, and lenders when ownership shifts or financial difficulties arise.

Why SNDA Agreements Are Essential

An SNDA agreement establishes a legal framework to address what happens to a tenant’s lease in challenging scenarios, such as foreclosure or property sale. While tenants typically focus on rent, terms, and renewal clauses, the SNDA ensures their right to remain in the leased space isn’t jeopardized by external circumstances beyond their control. Without it, tenants face uncertainty that could disrupt their operations, putting their businesses at risk.

An SNDA serves three key functions, each reflected in its main components:

  • Subordination: Establishes that a tenant’s lease holds a lower priority compared to the lender’s mortgage. This provision ensures the lender’s interests come first, often as a condition for financing the property.
  • Non-Disturbance: Provides reassurance to tenants that, even in the event of foreclosure, they can continue their lease without interruption.
  • Attornment: Ensures tenants honor their lease terms with a new property owner, maintaining stability even if ownership changes hands.

Together, these clauses balance the interests of all parties involved, protecting the lender’s financial investment, the landlord’s property value, and the tenant’s business operations.

A Vital Tool for Stability

For landlords, an SNDA agreement is often necessary to secure financing or refinancing. For lenders, it provides peace of mind that their investment is protected and tenants will continue honoring their leases. For tenants, it ensures business continuity—a critical factor for commercial operations that rely on predictable costs and uninterrupted access to their leased space.

SNDA agreements are especially significant in long-term leases or leases tied to specialized spaces, like retail outlets, restaurants, or industrial facilities. The stakes are high for these tenants, who may have invested heavily in customizing their space or building a customer base in a specific location. A well-negotiated SNDA helps ensure that tenants aren’t left in limbo during ownership transitions or foreclosure proceedings.

Spotlighting Subordination and Attornment

While the non-disturbance clause is often highlighted for its tenant protections, the subordination and attornment provisions are equally critical. These elements work together to protect the lender’s interests while ensuring the tenant remains operational. Subordination adjusts the lease’s priority relative to the lender’s mortgage, and attornment obligates the tenant to recognize a new owner as their landlord, ensuring continuity.

Understanding the finer points of subordination and attornment is essential for any commercial tenant seeking to protect their rights. These provisions, when negotiated effectively, can provide a layer of stability in an otherwise unpredictable leasing landscape.

What Is Subordination in an SNDA Agreement?

Subordination refers to the tenant agreeing that their lease will rank below the lender’s mortgage in terms of priority. If the property is foreclosed, the lender’s claim to the property takes precedence over the tenant’s lease rights unless the SNDA includes a non-disturbance clause. This clause ensures the tenant can continue operating without interruption, even in the event of foreclosure.

Why Subordination Exists

Lenders often require subordination because a commercial mortgage represents a significant financial investment. They need assurance that their interest in the property will take priority over existing leases, giving them confidence that they can recover their investment in case of default. For landlords, agreeing to subordination facilitates obtaining or refinancing loans, as lenders are more willing to provide funding when their rights take precedence over tenant agreements.

Subordination is also essential for maintaining the property’s financial viability. Without subordination, a lender might hesitate to extend financing, potentially jeopardizing the landlord’s ability to maintain or improve the property, which could indirectly affect tenants as well.

Tenant Implications

While subordination might initially seem like a disadvantage for tenants, it is a standard practice in most commercial leases and part of the give-and-take required to secure space in a competitive market. When paired with a strong non-disturbance clause, subordination becomes less concerning, as tenants gain a measure of protection for their leasehold rights even in a foreclosure scenario. This combination reassures tenants that they can continue their business operations with minimal disruption, regardless of ownership changes.

Negotiating Favorable Subordination Terms

For tenants, it’s critical to approach subordination with careful consideration to ensure their interests are protected. Here are key steps to negotiating favorable terms:

  • Verify non-disturbance protections: Always confirm the agreement includes a non-disturbance clause explicitly safeguarding your right to remain in the property.
  • Clarify lease continuation terms: Make sure the agreement outlines what will happen to your lease obligations during and after foreclosure. This includes rent amounts, renewal options, and maintenance responsibilities.
  • Consult legal counsel: Partnering with an experienced real estate attorney is essential for reviewing and negotiating the terms of subordination. An attorney can help ensure the agreement balances the tenant’s rights with the lender’s requirements.

Balancing Risks and Opportunities in Subordination

Subordination doesn’t just protect lenders—it can benefit tenants indirectly by enabling landlords to secure financing that keeps the property well-maintained and competitive. For example, a landlord might use refinancing to upgrade shared amenities or improve building infrastructure, which can enhance the tenant’s experience and attract more customers to retail spaces.

Tenants should approach subordination as an opportunity to strengthen their lease protections. By negotiating a comprehensive SNDA agreement with robust non-disturbance clauses and clear continuation terms, tenants can mitigate the risks associated with subordinating their lease while ensuring their interests remain intact.

Connecting Subordination and Attornment in Practice

Subordination and attornment are two essential components of an SNDA agreement, each serving distinct yet complementary purposes. Together, they create a legal safety net that balances the often-competing interests of lenders and tenants while ensuring the property remains viable and functional, even in challenging circumstances. Understanding how these provisions interact is crucial for tenants looking to protect their leasehold rights without hindering the landlord’s ability to secure financing.

How Subordination and Attornment Interact

  • Subordination: This clause gives lenders the assurance that their mortgage takes precedence over the tenant’s lease in the property’s legal hierarchy. In practice, subordination allows landlords to access financing or refinancing opportunities critical to maintaining or upgrading the property.
  • Attornment: While subordination prioritizes the lender’s interests, attornment safeguards tenants. It requires the tenant to acknowledge and honor their lease with any new property owner, such as a lender who takes control after foreclosure. Attornment protects tenant stability by ensuring lease continuity even when ownership shifts.

When these provisions are included in an SNDA agreement alongside a non-disturbance clause, they provide a balance of security and predictability for all parties involved. Subordination protects the lender’s financial interests, while attornment ensures tenants are not left in a precarious position should the property change hands.

Real-World Scenarios of Subordination and Attornment

  • Multi-Tenant Office Building: A tenant leasing space in a busy office building agrees to subordinate their lease to the landlord’s mortgage as part of the SNDA agreement. In exchange, the tenant secures a non-disturbance clause that ensures their lease remains intact even if the landlord defaults. When the lender takes control of the property after foreclosure, the tenant honors the lease terms with the lender, as outlined in the attornment clause. This arrangement allows the tenant to maintain uninterrupted business operations while preserving the property’s leasing income for the lender.
  • Retail Tenant in a Mixed-Use Development: A retail tenant negotiates a detailed SNDA agreement with specific subordination terms to support the landlord’s financing. By doing so, they help facilitate property upgrades that enhance the overall development. At the same time, the tenant ensures attornment provisions are in place, guaranteeing their lease continues seamlessly if a new owner takes over. This confidence allows the tenant to invest in the space, such as through renovations or marketing efforts, knowing their lease rights are protected.

Why Subordination and Attornment Are a Strategic Pair

The interplay between subordination and attornment within an SNDA agreement creates a win-win scenario for lenders and tenants. For lenders, these provisions safeguard their investments by ensuring a clear chain of priority and uninterrupted rental income. For tenants, the combination of subordination and attornment—particularly when paired with a non-disturbance clause—provides reassurance that their lease rights will remain intact, even in unpredictable circumstances like foreclosure or property sales.

Through understanding how subordination and attornment work together, commercial tenants can negotiate agreements that minimize their risks while fostering a mutually beneficial relationship with landlords and lenders.

Key Takeaways for Tenants Reviewing SNDA Agreements

Navigating an SNDA agreement can feel overwhelming, but it’s essential for securing your leasehold rights and ensuring business continuity. A well-crafted agreement not only protects your investment in the leased property but also positions you to thrive even during ownership changes or financial disruptions.

When reviewing an SNDA agreement, tenants should focus on subordination and attornment clauses, understanding their implications, and leveraging legal knowledge to negotiate terms that reflect their specific needs. Here’s how:

Your Checklist for SNDA Agreement Review

  1. Understand Subordination’s Impact: Subordination doesn’t inherently disadvantage tenants, but it does place the lease below the lender’s mortgage in priority. To mitigate this, ensure the SNDA agreement includes a strong non-disturbance clause. This clause can ensure that your lease rights remain intact, even in foreclosure scenarios, so you can continue your operations without disruption.
  2. Negotiate Attornment Terms: Attornment provisions secure continuity in lease obligations with any future property owners, such as a lender or new landlord. Review these clauses carefully to confirm they protect your rights while ensuring you maintain the same lease terms, such as rent, renewal options, and property access.
  3. Consult Legal Counsel Early: Real estate attorneys play a vital role in SNDA negotiations. They can identify vague language, highlight potential risks, and ensure your lease reflects a balanced agreement. A proactive legal review ensures that your business interests are well-represented, offering peace of mind for the long term.  SNDAs should not be negotiated without qualified counsel.

Insights to Strengthen Your Position

Beyond the basics, here are a few advanced considerations for tenants:

  • Request Specific Non-Disturbance Terms: While many agreements include non-disturbance clauses, the details matter. Specify that your lease will survive under the exact same terms post-foreclosure, ensuring there’s no ambiguity about your rights or obligations.
  • Address Unique Situations: If your business relies heavily on location (e.g., a retail store), consider adding provisions that prioritize maintaining property conditions or access rights under new ownership.
  • Seek Favorable Lease Continuation Terms: Tenants should aim for agreements that keep future rent and renewal terms consistent, even if property ownership changes. This foresight protects against rent hikes or unfavorable renegotiations with new landlords.

Why Gottlieb Law Makes a Difference

Reviewing an SNDA agreement isn’t just about ticking off a checklist—it’s about strategically protecting your business. At Gottlieb Law, we bring years of experience in commercial real estate law to the table, ensuring that your lease terms are tailored to your specific needs.

Whether you’re a tenant seeking stability or a landlord looking to maintain financing flexibility, we have extensive experience structuring agreements that align with your goals. We take the time to analyze the nuances of your lease, anticipate potential challenges, and negotiate terms that minimize risk while enhancing security. Our team understands the balance required in SNDA agreements, helping both landlords and tenants reach fair, forward-thinking solutions.

Protecting Your Lease with Subordination and Attornment

Subordination and attornment are more than just legal clauses—they’re critical tools that define how leases survive and adapt during financial upheaval or ownership changes. Together, these provisions ensure that lenders’ interests are safeguarded while tenants maintain lease security and business continuity. For commercial tenants, understanding the interplay between subordination, attornment, and non-disturbance is essential to negotiating agreements that protect their rights and foster long-term stability.

Why Gottlieb Law Is Your Strategic Advantage

Navigating the complexities of an SNDA agreement requires more than surface-level understanding—it demands insight, precision, and strategy. At Gottlieb Law, we focus on guiding tenants and landlords through the intricacies of commercial real estate agreements. Our team ensures your lease terms are structured to anticipate challenges, address your unique business needs, and protect your investments. Whether you’re negotiating subordination, securing non-disturbance protections, or clarifying attornment provisions, we’re here to make sure your interests are fully represented.

Protect your lease, your business, and your peace of mind. Call Gottlieb Law today at 602-899-8188 or use our Contact Us page here to schedule your initial consultation.


Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Mitigating Legal Risks in Arizona Property Investments and REITs - Gottlieb Law

Mitigating Legal Risks in Arizona Property Investments and Real Estate Investment Trusts (REITs)

Mitigating Legal Risks in Arizona Property Investments and Real Estate Investment Trusts (REITs) 870 870 Gottlieb Law

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.



Arizona’s real estate market is dynamic, drawing interest from both local and out-of-state investors—including those investing through Real Estate Investment Trusts (REITs). A REIT is a company that owns, operates, or finances income-producing real estate. Often publicly traded, REITs allow individuals to invest in portfolios of large-scale properties without having to buy or manage the properties themselves.

Through REITs, investors can gain exposure to the real estate market while avoiding the day-to-day responsibilities of property ownership. However, the legal landscape surrounding REITs involves a complex web of compliance obligations, regulatory oversight, and contractual requirements. Understanding the legal framework governing REITs is critical for investors, sponsors, and legal professionals alike.

REITs are primarily governed by federal law; however, there may be state specific laws, tax considerations, and compliance and zoning and other requirements that impact property acquisitions and management. 

Compliance Risks in Property Acquisition and Management

Real estate acquisitions carry common legal risks, including potential title defects, seller misrepresentations, and zoning inconsistencies. In Arizona, thorough due diligence—including title history review, zoning verification, and environmental research—is an important part of managing these risks.

Arizona’s environmental regulations may also impact acquisition strategy, particularly for properties with historical or ecological features. In some cases, state or local rules may trigger additional permitting or review processes, which can affect transaction timing or feasibility.

From a property management perspective, operating commercial properties in Arizona requires navigating the state’s landlord-tenant framework to ensure that lease agreements are clearly drafted. Provisions around rent terms, security deposits, maintenance responsibilities, and remedies for default can help reduce the likelihood of disputes and provide structure to landlord-tenant relationships.

Taxation Complexities in Arizona for REIT Investors

Arizona’s taxation on REITs requires careful attention, as tax missteps may lead to penalties or even impact the trust’s standing. The trust structure has a unique tax status, meaning that certain tax breaks or incentives may apply. But with state taxes varying, especially if the REIT holds properties across state lines, tax reporting and filing become complicated. Avoiding legal risks here means working with a tax advisor (tax lawyer and/or CPA) who understands both federal and Arizona’s tax system and REIT structures.

Compliance Strategies for Arizona property Investors

Compliance with licensing and zoning regulations is foundational to legal security. For Arizona investors, it’s essential to conduct a zoning analysis before any property acquisition. This ensures that the property’s intended use aligns with local regulations and avoids conflicts. Additionally, verifying that all licensing requirements are up-to-date prevents delays that could impact the trust’s earnings or reputation.

Effective Due Diligence in Property Acquisitions

Due diligence is one of the best strategies for protecting property investors from unnecessary legal exposure. This process includes reviewing property records for zoning compliance, environmental assessments, and potential restrictions that could interfere with the property’s intended use. Analyzing the financial history of a property and its current tenants can also provide insight into its risk profile, allowing investors to make informed investment decisions.

Ensuring Accurate Financial and Tax Reporting

Maintaining accurate financial and tax reporting isn’t just about fulfilling regulatory obligations; it’s also critical for protecting the REIT’s legal standing. Regular audits and clear records allow for straightforward financial management and help Arizona REIT investors stay compliant with state tax regulations. Errors in reporting can lead to investigations and penalties that impact the REIT’s reputation and financial health, so it’s wise to have systems in place that keep financial and tax reporting meticulous and up to date.

Avoiding Common Legal Issues in Arizona REIT Investments

Contracts are the backbone of any REIT investment, and poorly constructed agreements can create vulnerabilities. Key clauses, especially in lease agreements, need careful drafting. For example, defining maintenance responsibilities, security deposit terms, and dispute resolution procedures upfront protects the REIT from legal headaches down the road. The more comprehensive a contract, the less room there is for disputes, so paying close attention to every detail in lease agreements and management contracts is time well spent.

Tenant Management and Legal Disputes

Managing tenants within Arizona’s legal framework can be complex, particularly for REITs that own properties with commercial leases. Common issues include rent disputes, repair requests, and tenant defaults. While Arizona law provides strong protections for residential tenants, the rules governing commercial leases are more contract-driven and offer greater flexibility.

Understanding the distinction between residential and commercial tenant rights is critical for effective risk management. With clear tenant policies and well-drafted lease agreements, REITs can address disputes efficiently while remaining compliant with applicable state laws.

Environmental and Zoning Compliance Pitfalls

Arizona’s environmental regulations, especially for land with historical or natural significance, add another layer of legal consideration. REIT investors must ensure properties comply with current environmental and zoning requirements. In some cases, zoning rules may change, affecting property use or requiring compliance updates. Staying informed about local zoning and environmental regulations allows REITs to prevent legal disputes and unnecessary renovation costs.

Legal Assistance for Arizona Investors: How a Real Estate Lawyer Can Help

An experienced Arizona commercial real estate attorney can bring valuable insights to risk assessment and strategic planning. By reviewing prospective properties and identifying potential compliance issues, they help investors make informed decisions. Legal guidance in this area can be instrumental in avoiding issues and maximizing the investment’s return potential.

Assistance in Drafting and Reviewing Contracts

Contracts can be legally dense, with small details carrying significant implications. Legal counsel helps draft and review contracts, adding clauses that protect the investor’s interests while staying within Arizona’s regulations. From property purchase agreements to tenant leases, a lawyer’s role in contract preparation adds clarity and minimizes the risk of future disputes.

Litigation Support and Dispute Resolution

Despite careful planning, disputes can arise. Whether it’s a disagreement with a tenant, a contractual issue, or a regulatory question, having legal representation for dispute resolution is critical. Lawyers provide crucial support by representing the REIT’s interests and finding solutions that avoid court when possible.

Proactive Risk Management for Long-Term Success in Arizona Property Investments

By understanding Arizona’s legal landscape, investors can build strong foundations for their investments. With strategic compliance and careful planning, it’s possible to manage legal risks effectively, protect your property investments, and focus on growth.

Whether navigating zoning laws, securing robust tenant agreements, or assessing property risks, having sound legal support in Arizona real estate investment can make all the difference.

Safeguard Your Arizona REIT Investments

Looking to protect your property investments in Arizona? Schedule a consultation with Gottlieb Law to ensure your investments are fully compliant and prepared to face Arizona’s unique legal challenges. With local insight and a commitment to protecting your interests, Gottlieb Law offers peace of mind as you grow your Arizona real estate investments. Call our firm today at 602-899-8188 to get started.



Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.
How Several Key Proposed Laws Could Impact Arizona Real Estate Development and Transactions 2025 - Gottlieb Law

How Several Key Proposed Laws Could Impact Arizona Real Estate Development and Transactions

How Several Key Proposed Laws Could Impact Arizona Real Estate Development and Transactions 973 973 Gottlieb Law

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.



Arizona’s commercial real estate market has seen rapid growth due to population increases, business expansion, and ongoing infrastructure development. Arizona’s rapid growth brings distinct challenges, from expanding urban areas to managing water resources amid ongoing drought conditions. In response, lawmakers have introduced new proposed laws designed to balance economic growth with resource conservation.

Newly enacted laws as well as proposed laws in Arizona introduce significant changes to water management, land use, and property zoning. For anyone buying, selling, or developing property, knowing the laws and/or new rules is key to making smart investment choices and staying compliant. A skilled Arizona real estate attorney can provide guidance through these intricate regulations, helping to keep transactions hassle-free and legally sound.

Several Key Proposed and Enacted Laws That Could Affect Arizona Real Estate

These proposed regulations consist of multiple legislative measures that impact water resource management, sustainable development, and adaptive reuse of commercial buildings. Here’s a look at some proposed and enacted laws and how they affect residential and commercial real estate transactions.

SB 1249: Proposed Groundwater Pumping, Measuring, and Reporting 

SB 1249 is proposed legislation that would expand ADWR’s metering and reporting rules to all non-exempt groundwater users statewide. Landowners and businesses with wells would need to install state-approved measuring devices and submit annual water usage reports, with exemptions for small-scale users withdrawing under 10 acre-feet or irrigating 10 acres or less.

Challenges:

  • Requires investment in metering systems and administrative reporting.

  • First-time buyers of well-dependent properties must factor compliance costs into valuation.

Opportunities:

  • Demonstrated water-use transparency can boost property marketability.

  • Legal counsel can structure purchase agreements to manage compliance and liability risks.

HB 2481: Proposed Expansion of Adequate Water Supply Requirements

In January 2025, Representative Stephanie Stahl Hamilton introduced HB 2481, which would expand Arizona’s 100-year water adequacy requirements to apply statewide — beyond just Active Management Areas (AMAs). The bill has passed its second reading but has not yet been enacted.  Previously, only properties located in AMAs were required to demonstrate a 100-year assured water supply before development. HB 2481 proposes expanding this requirement statewide, potentially making it more difficult for new developments in water-scarce regions to secure long-term water access.

Challenges:

  • Developers must prove adequate water supply, increasing planning and permitting costs.

  • Investors may need to reassess property valuations based on water availability and compliance.

Opportunities:

  • Properties within AMAs, which already have strong water infrastructure, may see increased value.

  • Legal professionals can assist in water rights transactions and regulatory due diligence to ensure compliance before purchase.

Sustainable Development and Housing Regulations

HB 2720 (enacted): Housing and Accessory Dwelling Units (ADUs)

Signed into law in May 2024, HB2720 requires Arizona cities with over 75,000 residents to permit at least one Accessory Dwelling Unit (ADU) — attached, detached, or internal — on any lot zoned for single-family use. Cities must comply by January 1, 2025, or ADUs will be automatically allowed by default.

Challenges:

  • Cities must revise local zoning codes to comply, which could affect development patterns and market dynamics.
  • Developers and investors must navigate new density allowances and setbacks in residential zones.

Opportunities:

  • Greater housing flexibility could increase demand for mixed-use neighborhoods and urban infill development.
  • Real estate attorneys can help clients secure approvals and ensure ADU projects align with evolving regulations.

HB 2297 (enacted): Repurposing Commercial Buildings for Residential Use

This bill, signed into law in 2024, allows residential or mixed-use conversions of existing commercial buildings—without requiring rezoning—in Arizona cities with populations over 150,000. To qualify, at least 50% of the building’s floor area must be repurposed for residential or mixed use.

Challenges:

  • Developers must still meet building, fire, and health code requirements, which may include structural assessments.
  • Financing adaptive reuse can be difficult, especially for older or non-code-compliant buildings.

Opportunities:

  • Commercial property owners now have a faster, lower-barrier path to profitable residential conversion.
  • Legal counsel can streamline the entitlement process and ensure compliance with all applicable standards.

Key Ways Environmental Regulations Are Reshaping Real Estate Deals in Arizona

Arizona’s evolving policies are reshaping the Arizona residential and commercial real estate market, introducing new complexities for buyers, sellers, and developers. These regulatory shifts—ranging from groundwater reporting requirements to zoning reforms and sustainability mandates—affect due diligence, property valuation, permitting timelines, and legal exposure. Failing to account for these changes can result in costly delays, fines, or even failed transactions.

For investors, developers, and legal professionals, understanding Arizona’s new and proposed environmental and zoning laws is critical. Here’s a closer look at how these regulations are influencing real estate transactions—and how proactive planning can help stakeholders stay compliant and competitive.

Heightened Due Diligence and Compliance Costs


The days of quick commercial real estate transactions in Arizona are fading. As new and proposed regulations take shape, environmental due diligence has become a far more extensive and necessary process. Investors and developers must now conduct deeper evaluations of properties to assess:

  • Groundwater Access and Reporting Obligations: Under newly proposed rules such as SB1249, nonexempt well owners across much of the state must install approved water measuring devices and file annual usage reports. These requirements may affect the long-term viability, permitting, and operational costs of water-reliant properties.

  • Historical Land Use and Contamination Risks: Properties with prior industrial or commercial use may face environmental remediation obligations under longstanding environmental laws. These risks are now more relevant due to increased regulatory scrutiny and tighter redevelopment standards.

  • Zoning Restrictions and Sustainability Regulations: Legislation like HB 2720 and HB 2297 is reshaping zoning flexibility and density rules. Developers must confirm that new projects align with evolving municipal zoning standards and environmental priorities (e.g., sustainability, adaptive reuse).

Why Due Diligence Is Now More Complex

With newly proposed stricter environmental policies, assessments could take longer and cost more than in the past. Developers must work closely with environmental consultants and legal counsel to ensure compliance with all applicable water usage, land use, and zoning regulations. Properties with unresolved or undisclosed environmental issues pose significant risks, as buyers may be held liable for compliance failures long after closing. Without thorough due diligence, investors could be blocked from developing or using a property as intended—ultimately reducing its value and utility.

Attorneys experienced in Arizona real estate law play a key role in conducting comprehensive due diligence, identifying regulatory red flags, negotiating liability protections, and drafting contracts that account for compliance obligations. Their guidance helps protect buyers and developers from unexpected costs and legal exposure.

Property Valuation: How Properties Could Be Impacted Under the Newly Proposed and Enacted Regulations

Arizona’s commercial property market is undergoing a shift in valuation due to new and proposed regulations focused on water conservation, sustainable development, and adaptive reuse. While some properties are positioned to appreciate, others could see values decline due to higher compliance costs or limitations on future development.

Some assets are better aligned with Arizona’s evolving environmental priorities, including:

  • Sustainable Developments: Commercial properties that already meet newer environmental standards are likely to attract more investors and tenants.

  • Urban Properties with Secured Water Infrastructure: Properties within Active Management Areas (AMAs) or with verified water access are gaining value amid heightened groundwater scrutiny.

  • Adaptive Reuse Opportunities: Under proposed legislation like HB2297, certain vacant commercial buildings may be converted into residential or mixed-use developments without extensive rezoning. Properties that qualify could become more attractive to developers seeking flexibility and cost savings.

Properties That Could Face Additional Challenges

Some properties may face growing headwinds under Arizona’s evolving environmental and land use regulations. These include:

  • Land Subject to Stringent Environmental Oversight: Properties located in water-scarce areas, outside Active Management Areas (AMAs), or within zones affected by new proposed legislation (e.g., SB1249) may become less attractive due to uncertain water access and regulatory risk.

  • Properties Needing Costly Compliance Upgrades: Older buildings that fall short of emerging sustainability standards or water use requirements may require substantial investment before redevelopment or resale is feasible.

How Legal Professionals Help

Real estate attorneys play a critical role in mitigating these risks. They can:

  • Conduct regulatory due diligence and valuation risk assessments,

  • Negotiate contracts and transactions tailored to the client’s best interests, and

  • Structure purchase agreements that allocate liability for unexpected costs, protecting both buyers and sellers from post-closing surprises.

The Cost of Legal Compliance – A Proactive Approach Saves Money

Arizona’s commercial real estate market is evolving, and with it comes a growing web of environmental, zoning, and permitting regulations. As scrutiny intensifies, legal costs are rising—especially for those who wait until issues arise. Investors and developers who engage experienced legal counsel early are far more likely to avoid costly delays, penalties, or failed deals.

Why Proactive Legal Guidance Is More Important Than Ever

Identifying Regulatory Risks Before They Become Problems

With new and proposed laws affecting water use, land zoning, and environmental compliance, properties that once appeared low-risk may now come with hidden liabilities. An experienced real estate attorney can uncover these risks during the due diligence phase, helping clients make fully informed investment decisions.

Structuring Contracts to Limit Future Liability

Well-drafted purchase and development agreements are essential in today’s regulatory environment. Legal professionals can include environmental disclosures, indemnities, and compliance contingencies to shield clients from surprise obligations and costly litigation.

Streamlining Permitting and Government Approvals

As permitting processes grow more complex at both state and municipal levels, navigating them without legal support can result in serious delays. Working with legal counsel early in the process can ensure timely approvals and avoid regulatory pitfalls.

In short, proactive legal involvement can prevent far larger setbacks later. In a market shaped by uncertainty and increasing regulation, experienced legal guidance isn’t just protection—it’s a strategic investment.

Strategic Considerations for Real Estate Stakeholders

Navigating Arizona’s shifting commercial real estate landscape requires thoughtful planning and sound legal strategy. Here’s how different stakeholders can adapt to the emerging regulatory environment:

For Developers and Investors

  • Prioritize Water Security:  focus on properties with reliable water access, especially those in Active Management Areas (AMAs) or with existing infrastructure that supports long-term sustainability.

  • Leverage Adaptive Reuse Opportunities:  under HB 2297, converting vacant or underutilized commercial buildings into residential or mixed-use properties is now a viable strategy that avoids traditional rezoning barriers.

  • Engage Legal Counsel Early:  involve experienced real estate attorneys during acquisition and project planning phases to reduce risk and ensure compliance with environmental and zoning rules.

For Legal Counsel

  • Stay Ahead of Regulatory Changes: Arizona’s environmental and land use laws are evolving. Attorneys must stay current to guide clients through water regulations, density changes, and adaptive reuse allowances.

  • Oversee Comprehensive Due Diligence:  legal teams should coordinate environmental reviews, zoning analysis, and contract structuring to identify potential liabilities and prevent future legal disputes.

  • Facilitate Permitting and Approvals:  help clients navigate municipal permitting and state regulatory processes efficiently—especially as new policies increase the complexity of entitlement timelines.

For Local Government Officials

  • Balance Growth and Sustainability:  encourage development that aligns with long-term environmental goals while recognizing the importance of economic vitality in local communities.

  • Incentivize Responsible Projects:  offer expedited permitting or tax incentives for developments that incorporate water conservation, green infrastructure, or affordable housing under programs like HB 2720 and HB 2297.

  • Ensure Fair and Efficient Enforcement:  apply any new rules or regulations consistently and streamline approval processes to reduce uncertainty for applicants without compromising oversight.

Staying Ahead of Arizona’s New Environmental Regulations in Commercial Real Estate

Arizona’s evolving environmental and zoning regulations are reshaping the residential and commercial real estate landscape, introducing greater complexity and stricter compliance requirements. While these changes pose challenges in due diligence, permitting, and valuation, they also open the door to new opportunities in sustainable development and adaptive reuse.

Experienced legal representation has always been essential to successful real estate transactions—but in this new regulatory climate, it’s more critical than ever. Working with a knowledgeable Arizona real estate attorney helps ensure compliance, safeguard investments, and position clients to capitalize on emerging opportunities in a changing market.

Call Gottlieb Law at 602-899-8188 or use our Contact Us page to schedule an initial consultation with our firm.



Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

 

Can Your Homeowners Association Enforce New Rules Retroactively - Legal Guide for Arizona Residents - Gottlieb Law

Can Your Homeowners Association Enforce New Rules Retroactively? A Legal Guide for Arizona Residents

Can Your Homeowners Association Enforce New Rules Retroactively? A Legal Guide for Arizona Residents 1024 1024 Gottlieb Law

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.



Most people know HOAs come with rules, but how much control do they really have over your property and what happens after you move in? From how your landscaping should look to what kind of modifications are allowed on your home, these guidelines are meant to create consistency and maintain property values. But what happens when your HOA passes a new rule and then tries to enforce it as if it had always been there? That’s where things can get complicated, and often, legally questionable.

This article is for Arizona homeowners who want real clarity on what their HOA can and cannot do when it comes to changing the rules. We’ll go through key legal protections, court decisions that have shaped this issue, and practical tips to help you respond confidently if your HOA tries to enforce a new rule on something you did years ago.

Understanding HOA Governing Documents in Arizona

If you live in a neighborhood with a Homeowners Association (HOA), you’ve probably heard phrases like “CC&Rs” tossed around at board meetings or mentioned in welcome packets. But knowing the names of these documents isn’t enough — understanding how they work, what they control, and where their limits lie is essential if you’re going to protect your rights as a homeowner.

In Arizona, every HOA is backed by a stack of governing documents that work together to create the framework for how the community operates. These documents don’t all carry the same weight, and knowing how they interact can be the difference between a smooth conversation with your HOA or a prolonged legal headache.

Covenants, Conditions, and Restrictions (CC&Rs)

CC&Rs are legally recorded with the county and automatically bind every property owner in the community, assuming they are recorded correctly. Think of them as the HOA’s operating manual that details the fundamental rules about what you can and can’t do with your property.

In Arizona, CC&Rs cover everything from architectural guidelines and landscaping requirements to leasing restrictions and maintenance obligations. If your neighbor wants to paint their house neon green and the CC&Rs say earth tones only, the HOA has the power to step in because of the rules detailed in this document.

What’s more, CC&Rs are hard to change. They often require a supermajority vote from homeowners to amend, and any change must still stay within the bounds of Arizona law. Importantly, if a new rule isn’t clearly supported by the CC&Rs, the HOA can’t just “create” that authority out of thin air later on.

Bylaws

Bylaws don’t usually get as much attention, but they’re the engine that keeps the HOA running. They outline how the association is structured, how elections are held, how often meetings must happen, and who has voting power.

These documents don’t typically limit how you use your home, but they play an important role in holding the HOA accountable to its own procedures, particularly when new rules are being introduced. If an HOA board tries to pass a major change without the right procedures (like holding a vote or giving proper notice), that decision could be challenged for violating the bylaws.

So if you’re wondering whether a rule was legally adopted, your first stop should be the bylaws. They’re often overlooked, but they’re where process mistakes tend to show up.

Rules and Regulations

These are the most flexible of the governing documents, and at times, also the most frustrating. HOAs adopt these rules to address everyday quality-of-life issues: parking on the street, trash can placement, pool hours, guest policies, and more.

Unlike CC&Rs, Rules and Regulations don’t require a homeowner vote to change. In many Arizona HOAs, the board can revise them during a properly noticed board meeting. But here’s the catch. Any new rules still need to align with and be backed by the CC&Rs. A board cannot create rules that exceed the authority those documents provide.

For example, if your CC&Rs don’t mention short-term rentals, your HOA can’t simply ban Airbnb rentals through a new regulation unless the CC&Rs specifically give them that power. The Arizona courts have made it clear: vague authority isn’t enough.

Which Document Takes Priority?

If you’re trying to figure out whether a specific HOA rule is enforceable, always start with this hierarchy:

  1. State and Federal Laws
  2. CC&Rs
  3. Bylaws
  4. Rules and Regulations
  5. Board Policies or Resolutions

No HOA document can override state or federal law. And if there’s a conflict between the CC&Rs and a rule the board adopted last month, the CC&Rs typically take precedence. It is vital to remember that each case and legal matter is unique and should be reviewed with an experienced real estate attorney, especially if you have a specific legal issue or question.

Why It All Matters

Knowing how your HOA documents fit together can make or break your case if you’re dealing with retroactive enforcement or facing a new rule you believe is unfair. A homeowner who understands where the board’s authority begins and ends is in a stronger position to push back when things go too far, and Arizona law often supports that challenge.

If your HOA is trying to hold you accountable for a rule you never agreed to, or didn’t even know existed, it might be time to dig into those governing docs and see if the board actually has the authority they claim.

The Concept of Retroactive Rule Enforcement

Retroactive rule enforcement occurs when an HOA tries to apply a newly adopted rule to actions or conditions that took place before that rule existed. This means a homeowner might find themselves facing penalties for something that was entirely compliant at the time it was done. Imagine receiving a violation notice today for a shed you built three years ago, even though there were no rules against it back then. That’s the kind of scenario that could raise legal concerns and tends to create conflict between residents and their association.

The concern with this approach is fairness. Homeowners make decisions based on the rules that are in place at the time. Whether it’s painting a home, installing solar panels, or adopting a pet, those choices often come with planning, expense, and approval. Changing the rules after the fact and then enforcing them as if they were always in place undermines that process.

Arizona courts have generally taken the view that this type of enforcement is legally questionable. Retroactive application of rules can interfere with a homeowners’ rights.  These are the rights a homeowner gains after complying with the existing rules and making improvements or lifestyle decisions in reliance on them. Once those rights are established, they are arguably not supposed to be erased by new policies that come along later.

Things can unravel when the HOA fails to give residents a clear heads-up. If a homeowner was never made aware that something would be prohibited in the future, applying a new rule to their past behavior may violate the basic principle of due process. People should be informed of rules before they are expected to follow them. 

In the context of HOAs, retroactive enforcement can sometimes be disguised as policy updates or clarifications. A new rule might appear harmless on paper but cause problems when it’s interpreted to apply to past situations. This is especially common when there’s a change in board leadership and the new board has different views about community standards. Unfortunately, that shift in attitude may not give the board the right to reach backward and start rewriting history.

It’s also worth mentioning that retroactive rules often come without a clear transition plan. A well-run HOA may include a “grandfather clause” or a start date that applies only to future behavior. That’s the responsible way to adopt change without punishing residents who were in full compliance before the update. When that kind of clause is missing, it’s possible the board might be overstepping.

HOAs in Arizona are generally not free to make up new restrictions and pretend they’ve always been part of the community standards. If you’re facing enforcement for something that was allowed under the old rules, there’s a chance your rights are being violated. Understanding whether a new rule is being applied retroactively is often the first step in challenging that enforcement and holding the board accountable.

In summary, while Arizona law generally does not allow HOAs to enforce new rules retroactively, there are limited exceptions—such as when the CC&Rs explicitly allow it or when the rule is a clarification of an existing restriction. Still, in most cases, applying new rules to past actions raises serious legal concerns and may violate homeowners’ vested rights and due process protections.

Arizona Legal Framework on HOA Rule Enforcement

Arizona has taken significant steps to outline the boundaries of HOA authority and to protect homeowners from rule enforcement that lacks transparency, consistency, or legal backing. While HOAs do have real power to regulate communities, that power comes with legal obligations that are spelled out in state statutes and clarified through court decisions.

At the center of it all is the Arizona Planned Communities Act, which governs most residential HOAs in the state. This law doesn’t just set the stage for how HOAs are structured—it also defines how they’re supposed to behave when adopting and enforcing community rules. That includes requirements for giving proper notice, holding open meetings, and documenting how decisions are made.

Under Arizona law, HOA boards must provide reasonable notice before adopting or amending rules. Homeowners must also be given the opportunity to offer feedback during board meetings. This isn’t optional. It’s built into the legal process because the state recognizes that rulemaking without homeowner input invites abuse and erodes trust.

What’s more, the law emphasizes that enforcement must be both consistent and fair. If a board enforces a rule selectively or targets specific homeowners while ignoring others who are in similar situations, that opens the door to legal challenges. Arizona courts have made it clear that uneven enforcement not only undermines credibility, it can also invalidate the rule in question.

In 2022, the Arizona Supreme Court brought even more clarity to this issue in a case that caught the attention of HOAs and homeowners across the state: Kalway v. Calabria Ranch HOA, LLC. In this decision, the court examined whether an HOA could impose significant new restrictions through amendments to the governing documents—restrictions that were never hinted at in the original CC&Rs.

The court said no, unless it was reasonably foreseeable to the homeowners based on the original CC&Rs.

In its opinion, the court explained that an HOA’s authority isn’t unlimited. It must come from what is written in the original documents that every homeowner agreed to when purchasing their property. If those documents don’t contain language that allows for new burdens to be added later, then the HOA can’t legally enforce them. The ruling stressed the importance of clear notice and the right to rely on the original terms of property ownership. This decision sent a strong message that homeowners in Arizona are not subject to shifting goalposts just because an HOA board or the HOA majority wants to redefine community standards.

The way an HOA manages violations and imposes penalties is a critical part of staying within the law. Arizona law requires that HOAs give written notice of alleged violations, describe the specific rule that was violated, and provide an opportunity for the homeowner to contest the issue before any fines are imposed. If a board skips any part of that process, the enforcement action may be considered invalid.

For homeowners, the takeaway is clear: Arizona doesn’t give HOAs free rein to act however they please. There are legal guardrails in place for when an HOA goes beyond their authority and those actions can often be challenged.

If you ever find yourself unsure whether your HOA is following the law, it’s worth taking a closer look at how the rule was adopted, what authority the board or even the majority of the HOA is relying on, and whether your rights as a homeowner were respected along the way. Make sure you work with a knowledgeable real estate attorney to review your particular case in detail.

Examples of Hypothetical Retroactive HOA Rules

Seeing how retroactive enforcement can appear in everyday HOA decisions helps bring the legal concepts to life. These examples reflect common challenges Arizona homeowners may encounter, especially in communities where boards are eager to change course without recognizing the limits of their authority. Here are some areas where retroactive application could cross the line.

Remember the following examples are simply meant to shed light on possible examples that could reflect an attempt to retroactively enforce rules. They do not provide specific legal advice for any situation and any potential legal matter should be reviewed with an attorney before taking any actions.

Architectural Modifications That Were Previously Approved

Let’s say a homeowner submitted the required paperwork, attended the review meeting, and received written approval from the HOA to build a backyard gazebo. It was designed to match community standards, and no rules at the time prohibited the structure. Now after a few years, the board decides to update its architectural guidelines and prohibit similar installations moving forward.

The issue starts when the HOA tries to force that homeowner to remove or modify the structure, even though it was fully compliant under the earlier rules. This kind of enforcement puts homeowners in a difficult position. They followed every step, often spending thousands of dollars to improve their property in line with the rules, only to be told those rules have shifted after the fact.

In Arizona, that kind of action may not be allowed or may be challenged by the homeowner. Once something has been approved and constructed under valid guidelines, a new rule cannot be used to invalidate or punish that decision. The HOA may apply new standards going forward, but legal issues can arise if they try to retroactively strip away previous approvals.

Restrictions on Amenity Use

Many HOAs manage access to shared facilities like pools, fitness centers, tennis courts, or event spaces. These amenities are often a big part of what homeowners are paying for through their assessments. Over time, boards may adopt new restrictions, such as requiring reservations, limiting guest access, or changing hours of availability.

While these updates may be valid when applied prospectively, potential issues arise when boards attempt to penalize homeowners for past usage that was allowed at the time. For example, a homeowner who frequently hosted extended family at the pool in the summer of 2023 could not be cited in 2025 under a new guest limit policy that did not exist back then.

Enforcement efforts that try to treat the new policy as if it was always in place fall into the category of retroactive action. Even if the board views the change as minor, it cannot hold residents accountable for behavior that was entirely lawful and permitted before the update.

Pet Rules and Animal Limitations

Pets are one of the most sensitive areas of HOA governance. Boards may try to pass rules limiting the number, size, or breed of pets allowed within the community. While they may have authority to set and update these types of rules, depending on the HOA, trying to enforce them against residents who were in compliance before the change could lead to legal challenges.

If a homeowner had two dogs at the time of purchase and the community allowed multiple pets, a new rule passed later that restricts households to one pet may be used to demand that the homeowner find a new home for a pet. The same goes for breed restrictions. If no such limitation existed when the dog was adopted, the HOA may try to apply the new rule retroactively.

In these cases, the rule can probably apply to future homeowners or new pets acquired after the effective date, but a legal issue arises as to if it can be enforced against residents who were following the old rules.

Landscaping and Exterior Features

Sometimes HOAs decide to tighten up community appearance standards by passing new regulations about landscaping, garden decor, or outdoor fixtures. These may include restrictions on gravel colors, solar lighting, lawn ornaments, or even the number of potted plants allowed in front yards.

If a homeowner had already installed these features in full compliance with the prior rules, the HOA may try to demand their removal once new guidelines are passed. This is particularly true when no maintenance or aesthetic concerns have been raised previously. Retroactive demands to remove existing, well-maintained features often lead to disputes and can open the board or HOA to legal challenge.

Parking and Vehicle Policies

Parking rules are another area where HOAs tend to get aggressive. New policies may limit the number of vehicles per household, ban overnight parking in certain areas, or restrict commercial or recreational vehicles. While HOAs do have authority to create rules about shared spaces, they may also try to use new parking rules to cite homeowners for past parking practices that were never restricted.

For example, a homeowner who parked a company vehicle in their driveway every night for years without any issue may try to challenge an HOA action that tries to penalize them after a new policy bans commercial vehicles, unless that policy states it applies only going forward and offers reasonable notice.

If the HOA suddenly issues a violation notice without offering a phase-in period or grandfather clause, that enforcement attempt may be challenged. Arizona’s laws require fair notice and support the idea that homeowners should not be blindsided by sudden changes applied to past conduct.


Homeowner Rights and Recourse

When an HOA steps beyond its authority and attempts to apply new rules to past behavior, homeowners in Arizona have every right to challenge that action. The law supports a balanced approach where both homeowners and associations must act within clearly defined boundaries. If you believe your HOA is enforcing a rule unfairly or retroactively, there are steps you can take to protect your rights and address the issue.

Review the Governing Documents First

Start by pulling your community’s CC&Rs, bylaws, and the most current version of the rules and regulations. Look for any language that gives the HOA the authority to pass new rules or apply existing ones to prior conduct. If there is no clear clause stating that the board has the power to enforce changes retroactively, that is an important detail. Many disputes begin with assumptions, so getting familiar with the actual documents is the first move.

Take note of any procedures outlined for adopting or changing rules. If the HOA did not follow those procedures, the rule itself may not be enforceable — and that’s critical information to have in hand before responding.

Ask for Written Clarification

If you receive a notice or fine related to a rule you believe was not in effect when the conduct occurred, request a written explanation. Ask the board or management company to provide the exact rule, when it was passed, and where it appears in the governing documents. Request the meeting minutes or documentation that shows when and how the rule was adopted.

Getting this in writing serves two purposes. First, it forces the board to justify its position with facts. Second, it helps you create a clear paper trail if the dispute escalates or requires legal review later.

Participate in Board Meetings and Rule Discussions

Absent an exception, Arizona law requires HOAs to conduct open meetings and notify homeowners of proposed changes. If you believe a rule is being misused or misapplied, attending these meetings gives you a chance to raise your concerns directly and publicly.

When enough homeowners attend and voice concerns, boards are often more cautious about how they proceed. Even if the issue is already underway, your presence at meetings shows that you are informed, involved, and not willing to accept vague explanations or unsupported decisions.

You can also request to have items added to the meeting agenda or submit a written statement to be read into the record. The more visible and organized your challenge, the more difficult it becomes for the board to ignore legitimate objections.

Keep Detailed Records

If you’re dealing with ongoing communication or violations from your HOA, keep a detailed log. Save emails, letters, photos of your property, and copies of any rule versions you receive. Document when rules were adopted, when notices were sent, and what responses you provided. This kind of timeline can be especially helpful when presenting your case to the board, a mediator, or an attorney.

Many homeowners forget to keep these details, and without them, the argument can quickly turn into a “he said, she said” scenario. Being able to clearly show what was allowed at a specific point in time helps keep the conversation grounded in facts.

File a Petition with the Arizona Department of Real Estate (ADRE)

When an HOA board adopts rules without following proper legal procedures—such as failing to provide notice, bypassing required votes, or ignoring homeowner input—Arizona homeowners may submit a petition for hearing through the Arizona Department of Real Estate. This process addresses procedural disputes and can help hold boards accountable.

The ADRE does not regulate HOAs, investigate complaints, enforce CC&Rs or bylaws, or issue legal opinions. Its role is strictly administrative: ADRE reviews each petition for completeness and, once all required documentation (including the HOA’s formal response) is received, forwards the case to the Office of Administrative Hearings (OAH).

At OAH, an independent administrative law judge conducts a formal hearing and issues a legally binding ruling. The ADRE itself does not decide the outcome—it merely facilitates the process.

To file a petition for hearing, be prepared with detailed documentation: emails, meeting minutes, notices, dates of events, and the specific rule or procedure you believe was violated. While a petition does not guarantee a favorable result, it does compel the HOA to respond under oath and can drive greater transparency and compliance moving forward

Consult an Attorney Experienced in HOA Law

When informal conversations and internal appeals do not work, it is likely time to speak with a qualified real estate attorney who understands Arizona HOA law. A legal review of your situation can help determine whether the HOA has legal grounds to enforce the rule and what your best options are moving forward.

In many cases, a well-prepared legal letter is enough to stop the HOA from pursuing invalid enforcement. Boards are much more likely to reconsider their actions when faced with legal analysis and potential liability. If the issue escalates, your attorney can represent you in mediation or litigation, ensuring your side is fully protected.

Attorneys who handle HOA matters regularly also know how to assess whether the board is consistently enforcing rules or if selective enforcement may be part of the problem. That insight can strengthen your position and help bring about a quicker resolution.


Best Practices for HOAs When Implementing New Rules

When a homeowners association decides to update or introduce new rules, how the board handles that process matters just as much as the content of the rule itself. Arizona law sets a basic legal framework, but HOAs that want to avoid challenges, maintain homeowner trust, and operate with transparency need to go beyond the minimum. These best practices are designed to help boards manage rule changes in a way that is both effective and legally sound.

Give Plenty of Notice and Use Clear Communication

Homeowners need time to understand what a proposed rule means, how it will impact them, and whether they have questions or concerns. Sending out notices a few days before a board meeting or burying rule changes in a long newsletter is not enough.

Effective communication means giving written notice well in advance of any vote or decision. That notice should include a summary of the proposed rule, an explanation of why it is being considered, and a copy of the full text so that homeowners can evaluate it in context. Providing this level of clarity helps prevent confusion and reduces the chance of conflict once the rule takes effect.

Boards should also consider using multiple channels to reach homeowners. Posting to the community website, sending physical mail, using email, and including a notice in monthly billing statements can all increase visibility. If residents are going to be held to a new standard, they deserve every opportunity to know what is changing and why.

Open the Door to Real Input, Not Just Formalities

Boards sometimes fall into the trap of treating homeowner input as a box to check rather than a meaningful step in the process. Soliciting feedback is not just about holding a required meeting. It is about listening to the community and considering different perspectives before finalizing new rules.

That may mean allowing time for Q&A sessions during board meetings, extending public comment periods, or holding a town hall-style event specifically focused on proposed rule changes. When homeowners feel like their voices are heard, they are far more likely to accept and follow the final decision — even if they do not fully agree with it.

In Arizona, a community-driven approach is often the difference between a board that earns respect and one that invites resistance. Feedback should be viewed as valuable insight, not an obstacle to overcome.

Apply Rules Prospectively, Not Retroactively

When crafting new rules, boards should be careful to try to avoid any suggestion that those changes will apply to actions or conditions that took place in the past. Absent unusual circumstances, a rule that takes effect next month should probably only apply to conduct or decisions made after that date. If a homeowner was in full compliance under the previous guidelines, they may challenge a violation for past compliant behavior.

To eliminate any confusion, the board should include a specific effective date in every new rule. This allows residents to adjust, ask questions, and understand exactly when the change becomes enforceable. A clearly stated start date is a simple step that can prevent serious disputes later.

Use Grandfathering When Necessary

Some rules will affect existing situations that cannot reasonably be undone or changed. This is common when HOAs revise architectural standards, parking restrictions, or pet policies. In those cases, the board or HOA may want to include language that “grandfathers in” homeowners who were already following the old rules.  Consultation with a qualified real estate attorney is recommended before making any final decisions to discuss specifics.

Including grandfather clauses in the correct situations can show a sense of fairness and practicality. Boards and HOAs that recognize the difference between future guidance and past compliance will gain more cooperation and reduce the risk of legal action.

Document Every Step

Keeping detailed records of the rule-making process is another critical part of best practices. That includes meeting minutes, copies of notices sent to homeowners, attendance logs, public comments, and final voting results. Should any rule later be challenged, this documentation can demonstrate that the board acted in good faith and followed proper procedures.

It is also wise to file updated rules with the association’s legal counsel or management company, and to ensure they are available to all homeowners in an accessible location. A lack of transparency can quickly become a legal liability if a rule is enforced and the homeowner claims they were never properly informed.

Be Consistent With Enforcement

Once a new rule is in place, enforcement must be applied fairly and evenly across the community. Selective enforcement is one of the most common sources of legal disputes and almost always undermines the HOA’s credibility. Boards should take care to educate homeowners about the new rule, offer a reasonable grace period if appropriate, and then enforce it uniformly.

Inconsistent application of rules creates confusion and resentment. By contrast, a clearly communicated policy that is enforced the same way for every resident shows that the board is committed to maintaining order without overstepping or playing favorites.


What Arizona Homeowners Should Know Before Accepting HOA Rule Changes

Living in an HOA-governed community in Arizona comes with a unique set of responsibilities and expectations, but it also comes with legal protections that every homeowner should understand. While associations have the authority to set and enforce rules that shape the character of the neighborhood, homeowners may lodge challenges to HOA actions that purport to penalize residents for past compliant conduct based on standards that did not exist at the time. Retroactive enforcement often leads to disputes because it can disregard homeowner rights, creates confusion, and violates the principle of fair notice. Knowing how your HOA’s governing documents work, staying informed about legal updates, and watching for potentially improper or unfair enforcement practices are all essential steps in protecting your property and peace of mind.

If you believe your HOA is acting beyond its authority or enforcing rules unfairly, having the right legal partner can make all the difference. Gottlieb Law focuses exclusively on Arizona real estate law and has deep experience handling HOA disputes, rule enforcement issues, and property rights cases. Whether you need help interpreting your community documents or taking formal legal action, our law firm is here to defend your rights.

Call Gottlieb Law today at 602-899-8188 or use our Contact Us page here to schedule your initial consultation.


Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.