The documents that govern Arizona homeowners Associations (“HOA”) include documents related to the formation and operation of the HOA’s corporate entity, and documents that restrict the use of property and behavior or the homeowners and the Association. Typical documents falling into the first category include (1) the Articles of Incorporation; (2) the Bylaws; and (3) Resolutions of the Board of Directors. Typical documents related to the use of property and restrictions on owners and residents include (1) the Declaration of Covenants, Conditions, and Restrictions; (2) the Rules and Regulations; and (3) Architectural Guidelines. The following discussions summarizes the documents referred to above that have the greatest impact on homeowners in communities governed by homeowners Associations.
Declaration of Covenants, Conditions and Restrictions
The Declaration of Covenants, Conditions, and Restrictions (commonly known as the “Declaration” or the “CC&Rs”) is a document recorded with the county recorder that all homeowners are charged with having knowledge of and complying with upon their purchase of real property in Arizona. The CC&Rs create a system of enforceable covenants and restrictions that typically can be enforced by the Association’s Board of Directors and/or by any homeowner in the community.
Rules and Regulations
An Association’s Rules and Regulations are not usually recorded, but most CC&Rs allow the Association’s Board of Directors to adopt reasonable Rules and Regulations that help explain the restrictions found in the CC&Rs. The Rules and Regulations are enforceable in the same way as the as the CC&Rs provided they are consistent with the CC&Rs and do not contradict or add to the restrictions found in the CC&Rs.
Architectural Guidelines
Like the Rules and Regulations, Architectural Guidelines are derived from the authority granted in an Association’s CC&Rs. The governing Declaration often, but not always, provides a mechanism for the establishment of an Architectural Committee and the adoption of Architectural Guidelines. These guidelines are enforceable and Architectural Committees are granted great discretion in making decisions, but they must act in accordance with the CC&Rs and the the Architectural Guidelines and any decisions made by the Architectural Committee must be reasonable and fair.
Bylaws
The Bylaws of an Association are seldom seen and often ignored by homeowners, but they describe important procedures for the internal government and operation of the Association. The Bylaws include guidance on the election of the Board of Directors, how voting occurs on important issues, and how the Board and its officers are to conduct themselves as members of the Board of Directors.