Real Estate 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.