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Glendale, AZ HOA Rules: CC&R Enforcement (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Enforcement trigger
HOA must document CC&R enforcement first
Occupancy floor
80% of units need a resident 55+
Minor residency cap
Under-18 residency limited to 120 days/year
Proof required
Registered letter plus repeated enforcement records
Revocation path
SCO status can be revoked, Sec. 35.6.207

Summary

Glendale does not police private CC&Rs citywide, but inside a Senior Citizen Overlay zoning district the City will only enforce the overlay's age restrictions after the Homeowners' Association has documented its own reasonable efforts to enforce the subdivision's deed restrictions first.

F.Administration.1.Enforcement. Enforcement of the SCO District shall occur only when reasonable efforts have been undertaken by a Homeowners' Association or management agency or association to enforce a subdivision's deed restrictions (CC&R's—Conditions, Covenants, and Restrictions) or lease agreements on other types of residential developments and certification has been submitted to the City by a Homeowners' Association or management agency or association that the development still complies with the Fair Housing Acts. Reasonable efforts...shall be documented as follows:a.Registered letter of written notification to the resident(s) and owner(s), if different, of the unit(s) not in compliance stating the reasons for non-compliance with the subdivision's deed restrictions or lease agreements...and a copy of the deed restrictions or lease agreements.b.Records showing repeated efforts to enforce a subdivision's deed restrictions or lease agreement...against a non-complying resident or owner.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 115).

Full Breakdown

1007 creates the Senior Citizen Overlay (SCO), an age-55-and-over zoning district layered onto residential and Planned Area Development zoning to comply with the state and federal Fair Housing Acts. Subsection F makes City enforcement of the SCO's age rules contingent on the HOA acting first: enforcement of the SCO District occurs only when reasonable efforts have been undertaken by a Homeowners' Association or management agency to enforce a subdivision's deed restrictions (CC&Rs), and certification has been submitted to the City that the development still complies with the Fair Housing Acts.

The Code spells out exactly what counts as a documented reasonable effort: a registered letter to the noncompliant resident and owner stating the reason for noncompliance and attaching a copy of the deed restrictions, plus records showing repeated follow-up enforcement attempts against that resident or owner. The burden of proof for meeting the Fair Housing Acts' 55-and-older exemption sits entirely with the qualifying development, not the City; Glendale does not gather or maintain the underlying occupancy data itself. At all times at least 80 percent of dwelling units must be occupied by someone 55 or older, and no person under 18 may reside in a unit more than 120 days in a 12-month period. 207, which can include revocation of the overlay designation itself.

Violations & Fines

Failure to maintain SCO compliance, including an HOA's failure to document reasonable CC&R enforcement efforts or the development's failure to hold the 80-percent occupancy threshold, is a violation of the ordinance handled through the amendment and removal procedures of Section 35.6.207 and can result in revocation of the Senior Citizen Overlay designation, in addition to the Code's general Class 1 misdemeanor penalty under Section 1-7.

Frequently Asked Questions

Does the City of Glendale enforce my HOA's CC&Rs?
Not directly, except within a Senior Citizen Overlay zoning district. There, the City will only step in to enforce the development's 55-and-older age restriction after the Homeowners' Association has documented its own reasonable efforts, such as a registered letter to the noncompliant owner and records of repeated follow-up, and certified continued Fair Housing Act compliance.
What counts as a 'reasonable effort' by the HOA under Section 35.2.1007(F)?
The Code requires a registered letter of written notification to the noncompliant resident and owner explaining the noncompliance and enclosing a copy of the deed restrictions or lease agreement, plus records documenting repeated enforcement attempts against that resident or owner before the City will treat SCO enforcement as triggered.
What happens if an SCO development stops meeting the 55-and-older requirement?
At least 80 percent of occupied units must have a resident 55 or older at all times; falling short is a violation of the ordinance and can be pursued through the amendment or removal procedures in Section 35.6.207, which can revoke the Senior Citizen Overlay designation for the property.

Sources & Official References

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