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Although homeowners associations are private corporations rather than governmental entities, they remain subject to numerous federal laws that may supersede state statutes, governing documents, or board policies when applicable.
The Constitution generally regulates governmental action rather than private associations. Constitutional principles may nevertheless become relevant in limited circumstances, such as state action or judicial enforcement of private covenants.
The Fair Housing Act is the primary federal civil rights law affecting HOAs.
It prohibits discrimination in housing based upon:
Disability
Race
Color
Religion
National Origin
Sex
Familial Status
The FHA requires associations to provide reasonable accommodations and, where appropriate, permit reasonable modifications necessary for disabled residents to have equal use and enjoyment of their homes.
Official Resources
Although most HOA residential areas are not public accommodations, portions of an HOA may become subject to the ADA if opened to the public.
Examples may include:
Board Meetings
Public event facilities
Events
Official Resources
Many Arizona HOAs operate under either:
Internal Revenue Code §501(c)(4)
Internal Revenue Code §528
These statutes govern tax treatment—not board governance.
Official Resources
The Arizona Constitution establishes the authority for Arizona's statutory framework governing corporations, property rights, contracts, and nonprofit organizations.
Official Resource
Arizona statutes are generally the primary source of legal authority governing HOAs.
Arizona Revised Statutes (A.R.S.) Title 33, Chapter 16
This chapter governs most Arizona planned community associations.
Key provisions include:
Subject Statute
Applicability §33-1801
Definitions §33-1802
Violations & Enforcement §33-1803
Open Meetings §33-1804
Association Records §33-1805
Political Activities §33-1808
Director Removal §33-1813
Solar Devices §33-1816
Architectural Review §33-1817
Official Resources
Arizona Planned Communities Act (Official Arizona Legislature)
Arizona Department of Real Estate – Planned Communities Act (PDF)
A.R.S. Title 33, Chapter 9
Applies to condominium associations.
Major provisions include:
Condominium declarations
Association powers
Board governance
Open meetings
Association records
Elections
Assessments
Insurance
Maintenance obligations
Official Resources
A.R.S. Title 10, Chapters 24–40
Most Arizona HOAs are nonprofit corporations governed by this Act.
It regulates:
Articles of Incorporation
Members
Directors
Officers
Meetings
Records
Voting
Fiduciary duties
Corporate governance
Amendments
Official Resources
Depending upon the issue involved, additional Arizona statutes may apply.
Examples include:
Arizona Fair Housing Act
Uniform Electronic Transactions Act
Arizona Consumer Fraud Act
Arizona recording statutes
Property law
Contract law
Civil procedure
Rules of evidence
Local government regulations may affect HOA operations.
Examples include:
Municipal ordinances
County ordinances
Zoning regulations
Building codes
Fire codes
Stormwater regulations
Noise ordinances
These documents "run with the land" and bind every owner.
Insert HOA-specific link
The Declaration establishes:
Property restrictions
Mandatory membership
Assessment authority
Easements
Maintenance obligations
Voting rights
Architectural restrictions
Insert HOA-specific link
Defines:
Units
Common elements
Limited common elements
Ownership interests
Assessment allocations
Insert HOA-specific links
All recorded amendments become part of the governing documents.
Insert HOA-specific links
These establish:
Lot boundaries
Easements
Common areas
Rights-of-way
Insert HOA-specific link
Defines:
Corporate existence
Corporate purpose
Membership structure
Registered agent
Dissolution provisions
Insert HOA-specific link
The bylaws govern the corporation's internal operations.
Typical provisions include:
Board meetings
Member meetings
Notice requirements
Quorum
Voting
Officer duties
Committees
Elections
Director removal
Vacancies
Parliamentary authority
These documents derive their authority from statutes, the Declaration, Articles, and Bylaws.
Insert HOA-specific link
Insert HOA-specific link
Insert HOA-specific link
Examples:
Enforcement policy
Collection policy
Records policy
Election policy
Social media policy
Communications policy
Investment policy
Meeting policy
Insert HOA-specific link
Examples:
Recording meetings
Banking authority
Budget adoption
Committee appointments
Reserve funding
Association operations are also governed by contracts.
Examples include:
Community management agreement
Insurance policies
Reserve studies
Engineering reports
Landscape contracts
Technology contracts
TownSq agreement
Vimeo agreement
Vendor contracts
Accessibility obligations arise primarily from federal and state civil rights laws.
These may include:
Reasonable accommodations
Accessible meeting locations
Accessible communications
Captioned meeting recordings
Screen-reader-compatible documents
Alternative document formats upon request
Official Resources
HUD – Reasonable Accommodations
Arizona nonprofit directors generally owe fiduciary duties that include:
Duty of Care
Duty of Loyalty
Duty of Good Faith
Duty to Follow Governing Documents
These duties arise primarily under the Arizona Nonprofit Corporation Act and Arizona common law.
Arizona appellate and federal court decisions interpret:
Planned Communities Act
Condominium Act
Nonprofit Corporation Act
Fair Housing Act
Contract law
Property law
Fiduciary duties
Case law often determines how statutes are applied in practice.
Government agencies publish guidance that, while not law itself, can be highly persuasive.
Examples include:
Arizona Department of Real Estate – HOA Resources
If adopted by the bylaws, Robert's Rules of Order Newly Revised typically governs meeting procedure unless it conflicts with statutes or governing documents.
It addresses:
Motions
Debate
Voting
Recognition of speakers
Appeals
Parliamentary inquiries
When evaluating any HOA action, use this order of precedence:
United States Constitution (where applicable)
Federal statutes and regulations (Fair Housing Act, ADA, Internal Revenue Code, etc.)
Arizona Constitution
Arizona statutes (Title 33, Title 10, and other applicable laws)
Recorded Declaration / CC&Rs or Condominium Declaration
Recorded amendments and plats
Articles of Incorporation
Bylaws
Valid contracts affecting association operations
Rules and Regulations
Architectural Guidelines
Board Policies
Board Resolutions
Parliamentary authority (e.g., Robert's Rules), where adopted
This structure provides a solid foundation for a legal and governance audit. As you indicated, you can now populate the HOA-specific sections with links to your Articles of Incorporation, Bylaws, CC&Rs, amendments, and board policies to create a complete governance reference for your association.