We analyzed the recorded deed restrictions for Anthem in Maricopa County, AZ and found 11 issues and 9 gaps between their rules and Arizona law.
Anthem is a 5,700-acre master-planned community in the northern Phoenix metro area with approximately 16,000 homes across three sub-associations: ACCCA (Country Club), APCA (Parkside), and VACCC (Villages at Anthem Condominiums). We analyzed the ACCCA Declaration of CC&Rs (recorded January 14, 1999) and cross-referenced enforcement practices against Arizona's Planned Communities Act (A.R.S. §33-1801 et seq.). Desert landscaping violations — weed control, unapproved gravel colors, dead plant material, and modifications without Lifestyle Enhancement Committee approval — are the most common source of fines.
Source: ACCCA Declaration of CC&Rs (Maricopa County, recorded Jan. 14, 1999), Anthem Community Council Governing Documents, APCA Residential Design Guidelines
The ACCCA CC&Rs (Section 7.4) say the Board may impose sanctions 'after notice and a hearing in accordance with the procedures set forth in the By-Laws.' But A.R.S. §33-1803(D) requires every violation notice to include: (1) the specific document provision violated, (2) the date observed, (3) the name of the observer, (4) the contest process, and (5) a statement about the right to petition for an administrative hearing at the Arizona Department of Real Estate. If your notice is missing any of these five elements, the HOA cannot proceed.
Section 7.4(a)(i) authorizes 'a graduated range of reasonable monetary fines' but the CC&Rs do not specify dollar amounts, escalation timelines, or maximum penalties. A.R.S. §33-1803 requires fines to be 'reasonable' and late charges are capped at the greater of $15 or 10% of the unpaid amount. Without a published schedule, homeowners can challenge any fine as arbitrary.
Section 7.4 allows the Board to 'exercise self-help or take action to abate any violation' without following notice and hearing procedures. Under A.R.S. §33-1803, the HOA must offer a hearing before imposing any monetary penalty, and homeowners have 21 calendar days to respond by certified mail. Self-help action before that window closes may be unlawful.
Section 3.4(a) of the ACCCA CC&Rs requires 'Similar Treatment' — 'Similarly situated Owners shall be treated similarly.' If your neighbors have the same landscaping condition or modification and have not been cited, this provision combined with Arizona common law creates a strong selective enforcement defense. Document neighboring violations with dated photographs.
Section 4.3(b) states the Reviewer must notify applicants of its decision within 45 days of receiving a completed application. If the Reviewer 'fails to respond in a timely manner, approval shall be deemed to have been given.' If you submitted a modification request and never received a written response within 45 days, your project is deemed approved.
The ACCCA CC&Rs (Section 4.2(b)) establish a Lifestyle Enhancement Committee (LEC) with members 'appointed and serving at the discretion of the Board.' However, A.R.S. §33-1817(B) requires at least one board member to serve on and chair the design review committee. If no board member chairs the LEC, all design review decisions may be procedurally invalid.
Section 1.4 gives the Anthem Community Council (ACC) 'oversight authority over any action taken or proposed by the Association' and the power to 'veto actions or decisions by the Association.' Homeowners can appeal to the Council if the sub-association board acts unfairly, but should also be aware the Council itself can initiate enforcement.
Section 3.3(a) allows the Board to 'modify, cancel, limit, create exceptions to, or expand the Use Restrictions' with only 5 business days' notice before a Board meeting. New rules take effect 30 days after distribution unless a majority of members petition for a special meeting. Most homeowners never learn about rule changes until they receive a violation notice.
Section 5.1 requires owners to maintain 'landscaping and other improvements' consistent with the 'Community-Wide Standard' — a subjective measure. In Arizona's extreme heat, desert plants go dormant, gravel shifts, and weeds grow rapidly after monsoon rains. Temporary seasonal conditions do not necessarily constitute a maintenance violation.
A.R.S. §33-1805 gives every member the right to examine association financial and other records at no charge within 10 business days of a request. Copies cost no more than 15 cents per page. Request the violation log, fine schedule, and board meeting minutes to build your defense.
A.R.S. §33-1816 prohibits the HOA from banning solar energy devices, and A.R.S. §33-1819 prohibits banning artificial turf where natural grass is permitted. Both statutes award attorney fees to prevailing homeowners. If you were fined for either, the fine is likely unenforceable regardless of what the Design Guidelines say.
Arizona Revised Statutes §33-1801 (Planned Communities Act) sets minimum requirements for HOA enforcement. Here is where Anthem's deed restrictions fall short.
Got a violation notice from your Anthem HOA? Upload your CC&Rs and the notice — we will find every procedural gap the board missed, from missing notice content to design review committee defects.
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Homeowners in Anthemmost commonly receive violations for exterior paint colors, landscaping changes, unauthorized structures, parking infractions, and signage. The community's Deed Compliance department actively patrols neighborhoods and issues notices.
If you received a violation notice, you have rights under Arizona law regardless of what the deed restrictions say. Arizona Revised Statutes §33-1801 (Planned Communities Act) sets minimum procedural requirements that your HOA must follow before imposing any fine, including written notice and a hearing before the board.
Many homeowners do not realize that their HOA's internal documents may not reflect all the protections available to them under state law. That gap between what the documents say and what the law requires is often where the strongest defenses are found.