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

Section 21-106(E), titled Relationship to Private Agreements, states plainly that the zoning ordinance is not meant to interfere with, abrogate, or annul any easement, covenant, deed restriction, or other private agreement between parties. That means the City of Peoria does not send code enforcement officers to cite a homeowner for violating an HOA's paint-color rule, landscaping standard, or parking restriction that exists only in a recorded CC&R document; those disputes stay between the homeowner and the association, enforced the way the CC&Rs themselves provide, typically through HOA fines, liens, or a civil lawsuit filed by the association.

The one carve-out in the same subsection runs the other direction: whenever the zoning ordinance itself imposes a greater restriction on the use of a building, structure, or land than a private agreement does, the zoning ordinance controls. So if a CC&R allows a taller fence or a smaller setback than the City's own zoning standards permit, the City's stricter zoning rule still governs, and a resident cannot rely on a permissive HOA document to avoid it. Section 21-106(F) applies the same logic to conflicts between the zoning ordinance and any other city law or ordinance, with the more stringent requirement controlling.

In practice, this means Peoria's Community Development Department only steps in on matters the Zoning Ordinance itself regulates, such as setbacks, height limits, and permitted uses, while leaving architectural review, HOA dues, and privately created design guidelines to the association's own governing documents and Arizona's planned community statutes.