55+ Community HOA Documents to Review

The 55+ community HOA documents to review before you buy are the CC&Rs (age rule, rentals, pets, guests), the recreation center rules, the bylaws, the budget and reserve information, and the Arizona resale disclosure packet. Read them during your contingency period, in that order, and write down every question before you move forward.

The fun part of buying in an age-restricted (55+) community is touring the clubhouse and the pickleball courts. The important part is the paperwork. I am Terry Day, REALTOR® with DeLex Realty, and this is the plain checklist I walk clients through. Age rules, rental limits and guest policies live in the documents, not in the sales brochure. This is not legal advice; an Arizona real estate attorney can review documents.

Start with the CC&Rs

CC&Rs (covenants, conditions and restrictions), often called the declaration, are the recorded rulebook for the land and the homes. Every community writes its own, so the details below vary. In a 55+ community, read these sections first.

Age restriction. Find the exact age-restricted language: how many occupants in a home must be 55 or older, whether younger residents may live there and under what conditions, and how the association verifies ages. Under HUD's Housing for Older Persons rules, a 55+ community must have at least 80 percent of its occupied units with at least one resident 55 or older, must publish and follow policies showing it intends to operate as 55+ housing, and must follow HUD's age verification requirements. The community's own documents explain how it meets those rules and any stricter limits it sets.

Rentals. Look for minimum lease terms, limits on short-term rentals, any cap on how many homes can be leased, and whether tenants must also meet the age rule. If you plan to rent the home while you travel, this section matters more than any other.

Pets. Check the number of pets allowed, any size or breed language, and leash and common-area rules.

Guests and visiting family. Many 55+ communities limit how long underage guests can stay and how often. Read the guest section before you plan a long winter visit from the grandkids.

Vehicles, golf carts and parking. Street parking, RV and trailer storage, and golf cart rules can surprise buyers who skip this part.

Architectural rules. Paint colors, patio covers, landscaping and other exterior changes often need approval first.

If the CC&Rs and a marketing flyer disagree, the recorded documents control.

Recreation center rules

Many 55+ communities keep separate recreation or amenity rules. In some, the recreation centers are run by a different association than your neighborhood HOA. These rules often cover:

• Who needs a resident card and how guest passes work
• Pool, spa and fitness center rules
• Court reservations for pickleball or tennis
• Club rules and room booking

Boards can update these rules more easily than the declaration, so ask for the current version. If more than one association governs the home, Arizona's resale statutes call for a statement about each one, so make sure you get every association's packet.

Bylaws

Bylaws explain how the association runs: board elections, meeting notice, voting, committees and officer roles. You do not need to memorize them. You do want to know:

• How often the board meets and how owners get notice
• How owners vote on changes to the documents
• How to request records. In planned communities, A.R.S. 33-1805 gives members the right to examine association records, with some exceptions such as attorney communications and personal information about other owners.

Read the board minutes in the packet, too. They show what the board is actually dealing with.

Budget, financials and reserves

The resale packet includes the current operating budget, the most recent income and expense statement, the latest audit, review or compilation, and the most recent reserve study if the association has one. I do not publish dues amounts here, so get current figures from the packet. When you review the numbers, look for:

• Whether a reserve study exists and how recent it is
• Approved or proposed special assessments
• Big repair items mentioned in the minutes, such as roofs, pools or streets

If a report is long, the association may send a summary. You can ask to see the full report.

Arizona resale disclosure documents

For planned communities, A.R.S. 33-1806 sets out what a buyer receives on a resale. For condominiums, A.R.S. 33-1260 does the same. In general terms:

• Who delivers it: in smaller communities (fewer than 50 homes or units), the seller provides it. In larger ones, the seller notifies the association and the association provides it.
• When: within 10 days of the accepted offer or of the association receiving the seller's notice.
• What is in it: the declaration and plat, bylaws and rules, minutes from recent open board meetings, the operating budget, financial and reserve reports, a dated statement on assessments, liens and unresolved violations on the home, a summary of pending lawsuits involving the association, and whether the developer still controls the association.
• Condo extras: insurance information and a statement on whether a company owns and leases a large share of the units.
• At closing: the buyer signs an acknowledgment of being bound by the recorded covenants and paying assessments.

Statutes change, so read the current text on azleg.gov. I help buyers track the packet and keep the timeline moving. I do not replace an attorney.

A practical reading order

When the packet lands in your inbox, use this order so you do not stall on page 90:

1. Age restriction and occupancy language in the CC&Rs
2. Rental, pet and guest sections
3. Recreation rules that affect daily use
4. Budget, reserves and recent minutes
5. Violation, lawsuit and assessment statements in the disclosure
6. Architectural rules if you plan changes after closing

Mark questions in the margin and bring them to me. If you are financing, tell your lender early, since lenders may send their own questionnaire to the association. For the bigger picture, see my retiring to Arizona checklist, browse the Arizona 55+ living hub, or narrow choices with the 55+ community finder. When you compare communities, compare their documents, not just their amenity photos.

Questions people ask

What HOA documents should I review in a 55+ community?
The CC&Rs (including the age rule), bylaws, rules, recreation center rules, budget and reserve information, recent board minutes and the Arizona resale disclosure statement.

Where is the age rule written?
In the CC&Rs or declaration, often with added detail in the rules. HUD's Housing for Older Persons rules set the federal framework, including the 80 percent occupancy test.

What Arizona statute covers resale disclosures?
A.R.S. 33-1806 for planned communities and A.R.S. 33-1260 for condominiums. Both are on azleg.gov.

How fast should I get the disclosure packet?
Both statutes use a 10 day window, starting at the accepted offer or when the association gets the seller's notice, depending on community size.

Do you list HOA fee amounts?
No. Get current amounts from the association or the disclosure statement.

Can you help me review documents on a 55+ purchase?
Yes. I help you request the packet, flag practical issues and keep the timeline on track while your attorney handles legal questions.