Arizona homeowners associations derive their authority from recorded governing documents and Arizona statutes, primarily Titles 33, Chapters 9 (Condominiums) and 16 (Planned Communities), as well as Title 10 for nonprofit corporate governance. In Arizona, a homeowners association’s rights and responsibilities with respect to common property management and trespass prevention are shaped by the homeowners association’s declaration, articles, bylaws, and rules, and by state statutes.
For planned communities, the homeowners association typically owns or controls the common areas. For condominiums, the common elements are owned in undivided interest by unit owners. For both, the homeowners association is responsible for managing the common areas or common elements and is obligated to maintain, repair, and replace those areas/elements for the benefit of the homeowners. The duty to maintain is generally nondelegable at the governance level, although boards may contract with professional managers and vendors to perform maintenance, landscaping, security, and access control services consistent with the governing documents. The board also has fiduciary duties to act in good faith, within the scope of its authority, and in the best interests of the association with respect to the common areas/elements, applying reasonable business judgment when allocating resources for maintenance and enforcement.
Arizona law supports an association’s authority to prevent trespass on private common areas/elements by adopting and enforcing reasonable rules governing entry, hours of operation, guest access, and use restrictions, provided those rules are consistent with the declaration and not prohibited by Arizona law. Although a homeowners association is not a governmental entity, it may regulate access to private common areas/elements and request law enforcement assistance when unauthorized persons refuse to leave or when criminal trespass occurs under Title 13 of the Arizona Revised Statutes. The homeowners association may post signage, employ access control devices, and engage security vendors to deter and address unauthorized entry, so long as such measures are reasonably related to safety, property protection, and homeowner use, and do not infringe homeowner rights.
When enforcing trespass prevention rules against homeowners, such as when homeowners use the community pool after hours or refuse to leave the community clubhouse at closing time, homeowners associations must afford due process consistent with A.R.S. §§ 33-1242(A)(11) and 33-1803(A)(3), including providing the homeowner notice of the violation and an opportunity for the homeowner to be heard by the board of directors before fines for the violation are imposed. Fines must be authorized by the governing documents or applicable statutes and applied uniformly and reasonably. Other penalties may include suspending the homeowner’s right to vote or access the common areas/elements for a certain period of time. If non-member occupants or guests violate access rules, the homeowners association may hold the homeowner responsible under the governing documents and pursue the remedies discussed above.
Both planned community and condominium associations may adopt policies for common property use and trespass prevention that align with the governing documents and Arizona law. Access regulation must also account for public rights-of-way and municipal dedications. Where streets are dedicated to and accepted by a municipality, the homeowners association’s authority to exclude members of the public may be limited, and traffic regulation may fall under public jurisdiction. Conversely, where roads remain private and owned or controlled by the homeowners association, reasonable access controls and guest procedures are generally permissible. Homeowners associations should confirm the status of roads, easements, and any recorded public access rights before implementing gating, patrols, or other restrictions.
In implementing trespass prevention, homeowners associations should coordinate with legal counsel to ensure that any signage, surveillance, and enforcement protocols comply with Arizona and federal privacy and recording laws, and to confirm that rules do not conflict with protected activities or statutory limitations specific to Arizona homeowners associations. Boards should periodically review and update their governing documents and rule sets to maintain consistency with current Arizona statutes and to reflect best practices for common area/element management and lawful, reasonable trespass control.
If your homeowners association has trespass concerns, CHDB Law’s HOA attorneys can address those concerns and assist your homeowners association in resolving those concerns.
The information contained in this article is not intended to be legal advice and is provided for educational purposes only.
