Arizona HOA & Condominium Law

18 active Arizona statutes govern homeowners associations and condominiums in the state. The corpus encodes 104 specific requirements across governance, finance, reserves, disclosure, and enforcement. 4 changes recorded in the last twelve months.

15 registered communities across 9 cities.

Resale Certificate Compliance 16 disclosures required

A planned community in Arizona is governed by A.R.S. §33-1806 (Arizona Planned Community Act). Arizona law requires 16 specific disclosures when a unit is sold. The certificate must be delivered within 10 days of request. Maximum preparation fee: $400.00. · verified Oct 2026

Statute amended Effective Sep 12, 2026

HB 2397 (Laws 2026, Chapter 249) rewrote the resale disclosure for Arizona planned communities, A.R.S. §33-1806. In a community of fewer than fifty properties, the seller has ten days from "acceptance of the purchaser's offer to purchase". In one of fifty or more, the seller must give the association written notice of the acceptance with the purchaser's name, email address and mailing address, and the association has ten days from "receipt of the written notice of a pending purchase offer". The package is transmitted electronically or delivered to "the purchaser or the purchaser's designated agent". The bylaws, rules and declaration must be current. The package adds the final plat, "the board-approved minutes for the previous three open meetings of the board of directors", payment schedules for regular and special assessments, and "the association's most recent income and expenses financial statement for all operating and reserve accounts". It must state any special assessment approved but not yet assessed or submitted for member approval in the previous four months, any title transfer fee, any unresolved violation cited against the property, whether the community is under declarant control and the declarant's approximate share of the lots, and, if several associations govern the property, that it is subject to each one's disclosure report and fee. The amount due from the seller becomes the "current amount of any unpaid common regular assessment lien or judgment lien on the property" and any lis pendens the association recorded. A reserve study over ten pages may now be summarized, and the package must say that any summarized report can be seen in full on request. The insurance statement, the total reserves figure, the statements on alterations or improvements that violate the declaration, and the case names and numbers of litigation between the association and the seller are no longer required. The purchaser's acknowledgment is rewritten and signed at the close of escrow; the old one was returned within fourteen calendar days. A late disclosure no longer extinguishes the association's lien under this section; §33-1807(J) still does when the association fails to give a requesting escrow agent the lien statement within ten days. Disclosures rest on "good faith reliance on association records or information, without the need for independent investigation or validation". The remedy for a damaged purchaser or seller now requires "knowingly or recklessly" failing to disclose, or "knowingly or recklessly providing materially false or misleading statements in the disclosure"; it previously reached any failure to disclose. The fee caps stay at $400, $100 for rush service and $50 for an update. The rule that let a fee below $400 on January 1, 2010 rise no more than 20 percent a year is deleted. Effective September 12, 2026. View source

A copy of the current bylaws and the current rules of the association A.R.S. §33-1806(A)(1)

1. A copy of the current bylaws and the current rules of the association. A.R.S. §33-1806(A)(1) · verified Oct 2026
A copy of the current declaration and final plat, or an electronic copy of the final plat if available A.R.S. §33-1806(A)(2)

2. A copy of the current declaration and final plat or an electronic copy of the final plat, if available. A.R.S. §33-1806(A)(2) · verified Oct 2026
Board-approved minutes for the previous three open meetings of the board A.R.S. §33-1806(A)(3)

3. A copy of the board-approved minutes for the previous three open meetings of the board of directors. A.R.S. §33-1806(A)(3) · verified Oct 2026
The telephone number and address of a principal contact for the association, which may be an association manager, an association management company, an officer of the association, or any other person designated by the board of directors A.R.S. §33-1806(A)(4)(a)

(a) The telephone number and address of a principal contact for the association, which may be an association manager, an association management company, an officer of the association or any other person designated by the board of directors. A.R.S. §33-1806(A)(4)(a) · verified Oct 2026
The amount of and payment schedule for the annual common regular assessment, and the remaining installments and payment schedule on any approved and assessed special assessment A.R.S. §33-1806(A)(4)(b)

(b) The amount of and payment schedule for the annual common regular assessment and the remaining installments and payment schedules on any approved and assessed special assessment, if any. A.R.S. §33-1806(A)(4)(b) · verified Oct 2026
The amount and purpose of any special assessment approved by the board but not yet assessed, or submitted for member approval within the previous four months A.R.S. §33-1806(A)(4)(c)

(c) The amount and purpose of any special assessment approved by the board of directors but not yet assessed or any special assessment submitted by the board for member approval within the previous four months, if any. A.R.S. §33-1806(A)(4)(c) · verified Oct 2026
The current amount of any unpaid common regular assessment lien or judgment lien on the property, and any lis pendens recorded by the association against the property A.R.S. §33-1806(A)(4)(d)

(d) The current amount of any unpaid common regular assessment lien or judgment lien on the property due to the association pursuant to section 33-1807 and any lis pendens recorded by the association against the property. A.R.S. §33-1806(A)(4)(d) · verified Oct 2026
The amount and purpose of any title transfer fee authorized in the declaration A.R.S. §33-1806(A)(4)(e)

(e) The amount and purpose of any title transfer fee or other similar fee, however denominated, that is authorized in the declaration. A.R.S. §33-1806(A)(4)(e) · verified Oct 2026
The association's most recent income and expenses financial statement for all operating and reserve accounts A.R.S. §33-1806(A)(4)(f)

(f) A copy of the association's most recent income and expenses financial statement for all operating and reserve accounts, as applicable. A.R.S. §33-1806(A)(4)(f) · verified Oct 2026
Any outstanding and unresolved violation of the association's community documents cited against the property A.R.S. §33-1806(A)(4)(g)

(g) Any outstanding and unresolved violation of the association's community documents that was cited against the property, if any. A.R.S. §33-1806(A)(4)(g) · verified Oct 2026
A copy of the current operating budget of the association A.R.S. §33-1806(A)(5)

5. A copy of the current operating budget of the association. A.R.S. §33-1806(A)(5) · verified Oct 2026
A copy of the association's most recent annual audit, review, or compilation report under section 33-1810; where the report runs more than ten pages the association may provide a summary instead A.R.S. §33-1806(A)(6)

6. A copy of the most recent annual audit, review or compilation report of the association pursuant to section 33-1810. If the report is more than ten pages, a summary of the report may be provided in place of the entire report. A.R.S. §33-1806(A)(6) · verified Oct 2026
A copy of the most recent reserve study of the association, if any A.R.S. §33-1806(A)(7)

7. A copy of the most recent reserve study of the association, if any. If the report is more than ten pages, the association may provide a summary of the report in place of the entire report. A.R.S. §33-1806(A)(7) · verified Oct 2026
A statement summarizing any pending lawsuits in which the association is a named party, excluding assessment-collection suits against members other than the selling member, including the amount of any money claimed A.R.S. §33-1806(A)(8)

8. A statement summarizing any pending lawsuits, except those relating to the collection of assessments owed by members other than the selling member, in which the association is a named party, including the amount of any money claimed. A.R.S. §33-1806(A)(8) · verified Oct 2026
Whether the planned community is under declarant control, and the approximate percentage of recorded-plat lots currently owned by the declarant A.R.S. §33-1806(A)(9)

9. A statement as to whether the planned community is under declarant control and the approximate percentage of lots identified on the recorded plat that are currently owned by the declarant. A.R.S. §33-1806(A)(9) · verified Oct 2026
Where the property is governed by more than one association, a statement identifying each association's disclosure report and fee A.R.S. §33-1806(A)(12)

12. If the property is governed by multiple associations, a statement identifying that the property is subject to each association's disclosure report and corresponding resale disclosure fee authorized under subsection D of this section. A.R.S. §33-1806(A)(12) · verified Oct 2026

Under A.R.S. §33-1806, Arizona caps the preparation fee at $400 by statute. In CommunityPay, an association's manager, accounting firm, or staff generates the certificate from its books, with no per-certificate charge from CommunityPay.

What Arizona Law Requires

Governance (48)

Purchaser must give written notice by certified mail specifying defects. A.R.S. §12-1361
Establishes the legal framework for condominium governance, common element management, and unit owner rights. A.R.S. §33-1201
Applies to all condominiums created in Arizona regardless of creation date. A.R.S. §33-1201
Board must have at least 3 members with a majority being unit owners after transition. A.R.S. §33-1243
Declarant control terminates no later than the earlier of 90 days after conveyance of 75% of units to non-declarant owners or 4 years after declarants cease offering units. A.R.S. §33-1243
Board acts on behalf of the association except for declaration amendments, termination, and board elections. A.R.S. §33-1243
Board meetings require at least 48 hours advance notice. A.R.S. §33-1248
Annual and special meetings require 10 to 50 days notice. A.R.S. §33-1248
Same open meeting framework as the Planned Community Act. A.R.S. §33-1248
All meetings are open to unit owners. A.R.S. §33-1248
Governs all planned communities in Arizona. A.R.S. §33-1801
Allows voluntary opt-in by majority vote for associations not otherwise qualifying. A.R.S. §33-1801
Applies to communities with mandatory membership and assessment authority. A.R.S. §33-1801
Exempts timeshare plans under Chapter 20. A.R.S. §33-1801
Board may impose reasonable monetary penalties for violations after notice and a 21-day opportunity to respond. A.R.S. §33-1803
Regular assessment may not be increased more than 20% over the prior fiscal year without majority member approval. A.R.S. §33-1803
All association and board meetings are open to members. A.R.S. §33-1804
Board meeting notice requires at least 48 hours in advance. A.R.S. §33-1804
Annual and special member meetings require 10 to 50 days notice by hand delivery or prepaid US mail. A.R.S. §33-1804
Members may audiotape or videotape open portions. A.R.S. §33-1804
Not fewer than ten or more than fifty days in advance A.R.S. §33-1804 (B)
At least forty-eight hours in advance A.R.S. §33-1804 (D)
The association may charge a reasonable copying fee but cannot charge for the right of inspection itself. A.R.S. §33-1805
Records the association may withhold include privileged communications with legal counsel, personnel records, and contracts currently under negotiation. A.R.S. §33-1805
The association must provide records within 10 business days of a written request. A.R.S. §33-1805
A member or the member's designated representative may request records in writing. A.R.S. §33-1805
All financial and other association records must be reasonably available for member examination and copying. A.R.S. §33-1805
This item did not exist before HB 2397. Three meetings' worth of board-approved minutes now go in the packet. A.R.S. §33-1806 (A)(3)
New with HB 2397. A buyer now learns, as a matter of statutory right, whether the developer still controls the board and roughly how much of the community the developer still owns. A.R.S. §33-1806 (A)(9)
An association cannot prohibit a member from displaying, in the front yard or backyard, the American flag or a uniformed services flag, including an army, navy, marine corps, air force, space force, or coast guard division flag; the POW/MIA flag; the Arizona state flag; an Arizona Indian nations flag; the Gadsden flag; a first responder flag; a blue star or gold star service flag; any historic version of the American flag, including the Betsy Ross flag; or the flag of a major non-NATO ally established on May 14, 1948, a description that fits Israel. The American and uniformed services flags must be displayed consistent with the federal flag code. SB 1184 and SB 1808 added division flags and the ally's flag effective September 12, 2026. A.R.S. §33-1808 (A)
An association may ban a member's political signs only earlier than seventy-one days before a primary election or later than fifteen days after the general election. A sign for a primary candidate who does not advance to the general election may be banned later than fifteen days after the primary. Signs about the association's own elections follow subsection K: they may not be banned between the date ballots go out and three days after the association election. A.R.S. §33-1808 (C)
If the city, town, or county regulates the size and number of political signs on residential property, the association may regulate them too, but no more restrictively than the ordinance. If it does not, the association may not limit how many political signs a member displays, and all of them together may not exceed nine square feet. A.R.S. §33-1808 (D)
A member may display a commercially produced for-sale, for-rent, or for-lease sign up to eighteen by twenty-four inches, with a rider up to six by twenty-four inches. The association may not ban it, charge for it, or require a particular sign. It may ban signs that are not commercially produced, open houses before 8:00 a.m. or after 6:00 p.m., and open house signs on the common areas. Where the community documents prohibit or restrict leasing, the bar on further regulating for-rent and for-lease signs does not apply. Under subsection M, an association or managing agent that violates subsection G loses its lien rights against that member's property for six months. A.R.S. §33-1808 (G)
Other parking restrictions in the governing documents continue to apply to non-emergency vehicles. A.R.S. §33-1809
An association cannot prohibit a resident from parking a public-service or emergency vehicle on a street or driveway in the community. A.R.S. §33-1809
The vehicle must have an official emblem or other visible designation. A.R.S. §33-1809
Public-service vehicles include law enforcement, fire, emergency medical, and public utility vehicles. A.R.S. §33-1809
The exception applies only when the resident must use the vehicle in the course of their employment. A.R.S. §33-1809
Absentee ballots must list each candidate or proposal and provide a way to vote yes/no/abstain or to vote for a specific candidate. A.R.S. §33-1812
Absentee ballots must include instructions for marking and returning, and a deadline for receipt. A.R.S. §33-1812
Votes must be cast in person or by absentee ballot. A.R.S. §33-1812
After the period of declarant control, votes may NOT be cast by proxy. A.R.S. §33-1812
A member who has cast an absentee ballot may revoke and replace it before the deadline. A.R.S. §33-1812
A majority of the votes cast is required to remove the director (subject to any quorum required by bylaws). A.R.S. §33-1813
The board must call the special meeting within 30 days of receiving a valid petition. A.R.S. §33-1813
Members representing 25% of association votes (or a lower threshold in bylaws) may petition for a special meeting to remove a director. A.R.S. §33-1813
The director facing removal must be given notice and an opportunity to be heard before the vote. A.R.S. §33-1813
The petition does not apply to directors appointed by the declarant. A.R.S. §33-1813

Financial (21)

A condominium association may foreclose its assessment lien only if the unit owner has been and remains delinquent for eighteen months or in the amount of $10,000 or more, whichever comes first, as of the date the action is filed. For a special assessment with an initial value of $10,000 or more, only the eighteen-month test applies. Before September 12, 2026, the test was one year or $1,200. A.R.S. §33-1256 (A)
Same fee caps as planned communities: $400 aggregate, $100 rush within 72 hours, $50 update after 30 days. A.R.S. §33-1260
Late fees are capped at the greater of $15 or 10% of the unpaid amount. A.R.S. §33-1803
Greater of fifteen dollars or ten per cent of the amount of the unpaid assessment A.R.S. §33-1803 (A)
The statement gives the amount and payment schedule of the annual regular assessment, and the remaining installments and payment schedules on any special assessment already approved and assessed. HB 2397 added the schedules. The amount the seller owes is no longer part of this item; (A)(4)(d) now asks for the current amount of any unpaid regular assessment lien or judgment lien. A.R.S. §33-1806 (A)(4)(b)
This did not exist before HB 2397. A special assessment the board is about to levy, or just asked members to approve, now has to be disclosed even before it is formally assessed. A.R.S. §33-1806 (A)(4)(c)
HB 2397 replaced the old statement of amounts due with this item. It gives the current amount of any unpaid regular assessment lien or judgment lien the association holds on the property, and lists any lis pendens the association has recorded against it. The assessment lien needs no recording: under section 33-1807 the association has a lien for each assessment from the time it becomes due, and recording the declaration perfects it. The item is not limited to liens the association has recorded. A.R.S. §33-1806 (A)(4)(d)
New with HB 2397. If the declaration lets the association charge a fee on transfer of title, by whatever name, the amount and purpose of that fee now has to be disclosed here -- separately from the (D) resale-disclosure fee cap, which does not govern this fee. A.R.S. §33-1806 (A)(4)(e)
New with HB 2397. The latest income and expenses statement for the operating and reserve accounts now goes in the packet. The old statement of the total reserves held and the old statement on whether association insurance covers any part of the unit are no longer required. A.R.S. §33-1806 (A)(4)(f)
The budget in force goes in the packet. Unchanged in substance by HB 2397; the item number moved from 4 to 5. A.R.S. §33-1806 (A)(5)
HB 2397 replaced the old "annual financial report" with whichever of an audit, a review, or a compilation report section 33-1810 requires the board to obtain -- a different, and more specific, document than before. A.R.S. §33-1806 (A)(6)
Aggregate fee cap of $400 for all transfer-related services, plus $100 rush and $50 update fees. A.R.S. §33-1806 (D)
Fee may only be collected at close of escrow and charged once per transaction. A.R.S. §33-1806 (E)
Foreclosure permitted only after 18 months delinquency or $10,000 or more owed. A.R.S. §33-1807
The audit, review, or compilation must be completed within 180 days after the end of the fiscal year. A.R.S. §33-1810
The board must provide for an annual financial audit, review, or compilation of the association. A.R.S. §33-1810
Members may request a copy and the association must make it available within 30 days of the request. A.R.S. §33-1810
A CPA audit is required only if the community documents specifically require one; otherwise a review or compilation is acceptable. A.R.S. §33-1810
Arizona sets no dollar test. Every planned community owes one of the three every year, and which one is the board's choice unless the community documents take the choice away by requiring a CPA audit. A.R.S. §33-1810 §33-1810
Prevailing party in a violation action receives reasonable attorney fees and costs. A.R.S. §33-1816
May adopt reasonable rules regarding placement that do not prevent installation, impair functioning, restrict use, or adversely affect cost or efficiency. A.R.S. §33-1816

Assessment (5)

Condominium assessment lien is subordinate to first mortgages — no super-priority. A.R.S. §33-1256
Establishes assessment lien priority for planned communities. A.R.S. §33-1807
May be foreclosed in the same manner as a mortgage on real estate A.R.S. §33-1807 (A)
Subordinate to a recorded first mortgage or first deed of trust A.R.S. §33-1807 (C)(2)
Extinguished unless proceedings to enforce are instituted within six years A.R.S. §33-1807 (G)

Reserves (2)

Required disclosures include bylaws, budget, financial report, reserve study if any, pending lawsuits, assessment status, and insurance coverage. Since September 12, 2026, the package also includes, among other items, the final plat, the board-approved minutes of the last three open board meetings, the latest income and expenses statement, the association's insurance certificates, and a statement on declarant control. The total reserves figure, the statements on alterations that violate the declaration, and the case names of suits between the association and the seller are no longer required. A.R.S. §33-1260
Arizona does not require a planned community to have a reserve study. It requires the association to hand over the most recent one it has. Since HB 2397, a study of more than ten pages may be replaced by a summary, and the purchaser may then ask to see the whole study under (A)(10). The item number moved from 6 to 7. A.R.S. §33-1806 (A)(7)

Disclosure (14)

In a condominium of fewer than fifty units, the seller must deliver the package within ten days after acceptance of the purchaser's offer to purchase. In one of fifty or more units, the seller must give the association written notice of the acceptance with the name, email address, and mailing address of the purchaser or the purchaser's designated agent, and the association must deliver within ten days after receiving it. Before September 12, 2026, the clock ran from a written notice of a pending sale. A.R.S. §33-1260 (A)
New with HB 2397, effective September 12, 2026. The package must say whether any corporation or limited liability company owns and leases 35 percent or more of the units. A.R.S. §33-1260 (A)(11)
New with HB 2397, effective September 12, 2026. If the association knows of a material deficiency or condition in the unit's limited common elements or in the common elements, and the purchaser will be directly assessed for its repair within six months of the purchase, the statement must say so. A.R.S. §33-1260 (A)(4)(d)
For communities with 50 or more properties, the association delivers; under 50, the seller delivers. A.R.S. §33-1806 (A)
In a community of fewer than fifty properties, the seller's ten days run from acceptance of the purchaser's offer to purchase. In one of fifty or more, the seller must give the association written notice of the acceptance with the name, email address, and mailing address of the purchaser or the purchaser's designated agent, and the association's ten days run from its receipt of that notice. Before September 12, 2026, both clocks ran from receipt of a written notice of a pending sale. A.R.S. §33-1806 (A)
The bylaws and the rules go in the packet, current as of the disclosure, in full, not in summary. A.R.S. §33-1806 (A)(1)
New with HB 2397. A summary given in place of a full report under (A)(6) or (A)(7) does not end the matter. The purchaser can ask to see the whole report, and the association must give access to it within ten days after a written request. A.R.S. §33-1806 (A)(10)
HB 2397 rewrote the acknowledgment. The purchaser now acknowledges being bound by the recorded declaration's covenants and by the duty to pay assessments, and that nonpayment can lead to collection and foreclosure without homestead protection. The purchaser signs it at the close of escrow. The old requirement that the signed statement be returned to the association within fourteen calendar days is gone. A.R.S. §33-1806 (A)(11)
New with HB 2397. Where a master association and a sub-association both govern the property, the buyer is told that both reports and both fees apply. A.R.S. §33-1806 (A)(12)
The declaration goes in the packet, in full, and now the final plat (or an electronic copy of it) goes with it if one is available. HB 2397 added the plat; it was not required before 2026-09-12. A.R.S. §33-1806 (A)(2)
The seven statement items are one document and it carries a date. HB 2397 restructured this from the prior eight-item, (a)-(h) statement -- the items themselves changed, not just the count. A.R.S. §33-1806 (A)(4)
The buyer gets one telephone number and one address to reach the association. Who holds that role is the board's choice. Unchanged in substance by HB 2397; only the subsection letter moved, from (3)(a) to (4)(a). A.R.S. §33-1806 (A)(4)(a)
HB 2397 replaced the old two-sided "alterations that violate the declaration" items -- one answered by the association from its records, one by the member from personal knowledge -- with a single test: is there a cited violation against this property that is still outstanding and unresolved. The old six-year lookback and the association/member split are both gone. A.R.S. §33-1806 (A)(4)(g)
Every pending suit naming the association is summarised with the amount claimed. Routine collection actions against other owners are the one exclusion. Unchanged in substance by HB 2397; the item number moved from 7 to 8. The old unit-specific litigation item at former (A)(3)(g) -- suits between the association and this one member -- is gone; only this association-wide item remains. A.R.S. §33-1806 (A)(8)

Enforcement (6)

Board must offer reasonable payment plan before foreclosure. A.R.S. §33-1256
Lien extinguished after 6 years. A.R.S. §33-1256
HB 2397 added a state-of-mind requirement that was not there before. Before 2026-09-12, mere failure to disclose was enough for liability; now the purchaser or seller must show the nondisclosure or misstatement was knowing or reckless. A.R.S. §33-1806 (C)
No money changes hands before escrow closes, and only once. A fee for resale disclosure, lien estoppel, or any other service related to the transfer or use of the property is prohibited unless the section authorizes it, and charging one carries a civil penalty of up to $1,200. Unchanged in substance by HB 2397; the subsection letter moved from (D) to (E). A.R.S. §33-1806 (E)
Lien extinguished after 6 years. A.R.S. §33-1807
Lien is subordinate to recorded first mortgages — Arizona is not a super-lien state. A.R.S. §33-1807

Compliance (8)

Establishes mandatory right-to-repair framework for construction defect claims. A.R.S. §12-1361
Purchaser may not file a dwelling action until the repair process is completed. A.R.S. §12-1361
Seller has 60 days to respond with a good faith written offer to repair. A.R.S. §12-1361
The association and the member can rely on what the association's own records say. Neither has to go verify it independently before disclosing it. This subsection did not exist before HB 2397. A.R.S. §33-1806 (B)
A management company handling the packet is bound by the same deadlines, the same fee cap, and the same penalty. Unchanged in substance by HB 2397; the subsection letter moved from (E) to (F). A.R.S. §33-1806 (F)
Three transactions are exempt from the section: a sale with a subdivision or timeshare public report, a section 32-2181.02 sale, and a deed recorded under one of two exemptions, listed in section 11-1134, from the affidavit of legal value. On the last of these, HB 2397 moved the duty to report the new owner's contact details from the member to the purchaser and dropped the words "for no additional charge." Unchanged in substance by HB 2397 apart from that; the subsection letter moved from (F) to (G). A.R.S. §33-1806 (G)
Where the section puts a duty on the "member" it means the seller. The broker, the escrow agent, and a foreclosure trustee are not the member and do not carry the duty. Unchanged in substance by HB 2397; the subsection letter moved from (G) to (H) and the text now uses a numbered/lettered list rather than one paragraph. A.R.S. §33-1806 (H)
Associations shall not prohibit the installation or use of solar energy devices. A.R.S. §33-1816

Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.

Topic Coverage

Governance Documents 6 Assessment Collection 5 Elections and Voting 4 Fiduciary Duty 2 Foreclosure and Liens 2 Meetings and Notice 2 Resale Disclosure 2 Architectural Review 1 Collections & Delinquency 1 Construction Defect 1 Developer Transition 1 Enforcement and Fines 1 Insurance Requirements 1 Records Access and Inspection 1 Reserve Requirements 1 Solar & Sustainability Rights 1

Each chip links to the Arizona statutes addressing that topic. Counts reflect distinct statute assignments.

Applicable Statutes All Arizona authorities →

A.R.S. §12-1361

Purchaser Dwelling Action — Right to Repair

Establishes mandatory right-to-repair framework for construction defect claims. Purchaser must give written notice by certified mail specifying defects. Seller has 60 days to respond with a good faith written offer to repair. Purchaser may not file a dwelling action until the repair process is completed. Action dismissed if purchaser fails to comply.

A.R.S. §33-1201

Arizona Condominium Act — Applicability

Applies to all condominiums created in Arizona regardless of creation date. Establishes the legal framework for condominium governance, common element management, and unit owner rights.

A.R.S. §33-1243

Arizona Condominium Act — Board Powers and Declarant Control

Board acts on behalf of the association except for declaration amendments, termination, and board elections. Declarant control terminates no later than the earlier of 90 days after conveyance of 75% of units to non-declarant owners or 4 years after declarants cease offering units. Board must have at least 3 members with a majority being unit owners after transition.

A.R.S. §33-1248

Arizona Condominium Act — Open Meetings

Board meetings require at least 48 hours advance notice. Annual and special meetings require 10 to 50 days notice. All meetings are open to unit owners. Same open meeting framework as the Planned Community Act.

A.R.S. §33-1256

Arizona Condominium Act — Assessment Lien

Condominium assessment lien is subordinate to first mortgages — no super-priority. Foreclosure permitted only after 18 months of delinquency or $10,000 or more owed, whichever occurs first; for a special assessment with an initial value of $10,000 or more, only the 18-month test applies. Lien extinguished after 6 years. Board must offer reasonable payment plan before foreclosure.

A.R.S. §33-1260

Arizona Condominium Act — Resale Certificate

HB 2397 (effective September 12, 2026) rewrote this section. The sale disclosure is due within 10 days after acceptance of the purchaser's offer to purchase (fewer than fifty units, delivered by the seller) or after the association's receipt of the seller's written notice of that acceptance (fifty or more units, delivered by the association). Same fee caps as planned communities: $400 aggregate, $100 rush within 72 hours, $50 update after 30 days. Required disclosures include bylaws, budget, financial report, reserve study if any, pending lawsuits, assessment status, and insurance coverage, and now also the minutes of the last three open board meetings, the association's insurance certificates, known common element deficiencies the purchaser will be assessed to repair within six months, declarant control, and whether a corporation or LLC owns and leases 35 percent or more of the units. Liability now requires knowing or reckless conduct.

A.R.S. §33-1801

Arizona Planned Community Act — Applicability

Governs all planned communities in Arizona. Applies to communities with mandatory membership and assessment authority. Allows voluntary opt-in by majority vote for associations not otherwise qualifying. Exempts timeshare plans under Chapter 20.

A.R.S. §33-1803

Arizona Planned Community Act — Assessments, Late Fees, and Penalties

Regular assessment may not be increased more than 20% over the prior fiscal year without majority member approval. Late fees are capped at the greater of $15 or 10% of the unpaid amount. Board may impose reasonable monetary penalties for violations after notice and a 21-day opportunity to respond.

A.R.S. §33-1804

Arizona Planned Community Act — Open Meetings

All association and board meetings are open to members. Board meeting notice requires at least 48 hours in advance. Annual and special member meetings require 10 to 50 days notice by hand delivery or prepaid US mail. Members may audiotape or videotape open portions. Board must retain recordings for at least 6 months.

A.R.S. §33-1805

Arizona Planned Community Act — Association Records Access

Requires Arizona planned community associations to make all financial and other records reasonably available to any member, or that member's designated representative, for examination and copying. Records must be available within 10 business days of a written request. Specifies categories of records the association may withhold (legal, personnel, contracts under negotiation). Reasonable copy charges may be assessed but the right of inspection itself is free.

A.R.S. §33-1806

Arizona Planned Community Act — Sale Disclosure

HB 2397 (eff. 2026-09-12) rewrote this section. Ten-day delivery now runs from acceptance of the purchaser's offer to purchase (fewer than fifty properties) or from the association's receipt of the seller's written notice of that acceptance (fifty or more), not from receipt of a notice of pending sale. Twelve required items, up from seven -- new: board meeting minutes, unpaid lien/judgment lien and lis pendens status, title transfer fee, declarant-control percentage, a right to request the full report behind a summary, and a multi-association disclosure. Liability now requires knowing or reckless conduct. Fee caps unchanged: $400 aggregate, $100 rush, $50 update, collected only at close of escrow, $1,200 civil penalty for an unauthorized fee.

A.R.S. §33-1807

Arizona Planned Community Act — Assessment Lien

Establishes assessment lien priority for planned communities. Lien is subordinate to recorded first mortgages — Arizona is not a super-lien state. Foreclosure permitted only after 18 months delinquency or $10,000 or more owed. Lien extinguished after 6 years. Board must exercise reasonable efforts to communicate with the member and offer a reasonable payment plan before filing foreclosure.

A.R.S. §33-1808

Arizona Planned Community Act — Flag Display, Political Signs, For-Sale Signs

Restricts Arizona HOAs from prohibiting the outdoor display of the U.S. flag, the Arizona state flag, POW/MIA flag, military service and division flags, the Gadsden flag, the flag of a major non-NATO ally established on May 14, 1948, and political signs (within stated time windows around elections). Also limits restrictions on for-sale, for-rent, and for-lease signs. Specifies size, content, and quantity rules associations may impose. Frequently litigated section covering one of the most common HOA disputes in Arizona.

A.R.S. §33-1809

Arizona Planned Community Act — Parking Restrictions

Limits Arizona HOAs' ability to prohibit residents from parking required public-service or public-safety emergency vehicles on a street or driveway in the planned community. Applies when the resident is required to use the vehicle for their employment (police, fire, EMS, public utility). Standard parking restrictions still apply to other vehicles. Common question for residents who work in emergency services.

A.R.S. §33-1810

Arizona Planned Community Act — Annual Audit, Review, or Compilation

Requires Arizona planned community boards to provide for an annual financial audit, review, or compilation of the association unless the community documents require a CPA audit. The audit, review, or compilation must be completed no later than 180 days after the end of the association's fiscal year and must be made available to members upon request within 30 days of completion.

A.R.S. §33-1812

Arizona Planned Community Act — Proxies and Absentee Ballots

After the period of declarant control ends, prohibits Arizona HOAs from casting member votes via proxy. Requires that votes be cast in person or by absentee ballot. Specifies absentee-ballot requirements: must be in writing, identify each candidate or proposal, instruct on how to mark, sign, return, and contain a date by which it must be received. Critical for board elections and any membership-wide votes.

A.R.S. §33-1813

Arizona Planned Community Act — Removal of Board Members

Establishes the procedure for Arizona planned community members to remove a director from the board. Members representing 25% of the association votes (or a lower threshold set in the bylaws) may petition for a special meeting to remove a board member. Sets specific notice, hearing, and voting procedures. Does NOT apply to declarant-appointed directors. Heavily used recall provision.

A.R.S. §33-1816

Arizona Planned Community Act — Solar Energy Devices

Associations shall not prohibit the installation or use of solar energy devices. May adopt reasonable rules regarding placement that do not prevent installation, impair functioning, restrict use, or adversely affect cost or efficiency. Prevailing party in a violation action receives reasonable attorney fees and costs.

Source: Arizona state legislature. Statutes verified by CommunityPay. Last verified April 2026.

Recent Legal Changes (Last 12 Months) View full change feed →

Sep 12, 2026

SB 1246 (Laws 2026, Chapter 162) raised the threshold for an Arizona condominium association to foreclose its assessment lien under A.R.S. §33-1256. Foreclosure is now allowed "only if the unit owner has been and remains delinquent in the payment of any assessment or portion of the assessment for a period of eighteen months or in the amount of $10,000 or more, whichever occurs first, as determined on the date the action is filed." It was one year or $1,200. "For any special assessment with an initial value of $10,000 or more, only the eighteen-month delinquency threshold applies." The act also adds "common expense" or "judgment" before "lien" in five places where the section used the bare word. The section already spoke of a "common expense lien" and a "judgment lien". The bar on transferring "ownership or control of debt for common expense liens or unit owner expenses" becomes its own subsection O, and the applicability subsection moves from O to P. Effective September 12, 2026.

A.R.S. §33-1256 · Statute amended

Sep 12, 2026

HB 2397 (Laws 2026, Chapter 249) rewrote the resale disclosure for Arizona condominiums, A.R.S. §33-1260. In a condominium of fewer than fifty units, the seller has ten days from "acceptance of the purchaser's offer to purchase". In one of fifty or more, the seller must give the association written notice of the acceptance with the purchaser's name, email address and mailing address, and the association has ten days from "receipt of the written notice of a pending purchase offer". The package is transmitted electronically or delivered to "the purchaser or the purchaser's designated agent". The bylaws, rules and recorded declaration must be current. The package adds the final plat, "the board of directors-approved minutes from the previous three open meetings of the board of directors", payment schedules for regular and special assessments, and the most recent income and expenses financial statement for operating and reserve accounts. It must state any special assessment approved but not yet assessed or submitted for owner approval in the previous four months, any title transfer fee, any unresolved violation cited against the unit, whether the condominium is under declarant control and the declarant's approximate share of the units, and, if several associations govern the unit, that it is subject to each one's disclosure report and fee. It must also disclose any "known material deficiency or condition of the limited common elements associated with the unit or common elements" for which the purchaser will owe directly assessed repair costs within six months, and whether "any corporation or limited liability company owns and leases thirty-five percent or more of the units". The insurance statement stays and now comes with "a copy of all insurance certificates identifying the coverage limits and deductibles maintained by the association". The amount due from the seller becomes the "current amount of any unpaid common expense assessment lien or judgment lien on the unit" and any lis pendens the association recorded. A reserve study over ten pages may now be summarized, and the package must say that any summarized report can be seen in full on request. The total reserves figure, the statements on alterations or improvements that violate the declaration, and the case names and numbers of litigation between the association and the seller are no longer required. The purchaser's acknowledgment is rewritten and signed at the close of escrow; the old one was returned within fourteen calendar days. A late disclosure no longer extinguishes the association's lien under this section; §33-1256(J) still does when the association fails to give a requesting escrow agent the lien statement within ten days. Disclosures rest on "good faith reliance on association records or information, without the need for independent investigation or validation". The remedy for a damaged purchaser or seller now requires "knowingly or recklessly" failing to disclose, or "knowingly or recklessly providing materially false or misleading statements in the disclosure"; it previously reached any failure to disclose. The fee caps stay at $400, $100 for rush service and $50 for an update. The rule that let a fee below $400 on January 1, 2010 rise no more than 20 percent a year is deleted. Effective September 12, 2026.

A.R.S. §33-1260 · Statute amended

Sep 12, 2026

A.R.S. §33-1806 · Statute amended

Sep 12, 2026

Two 2026 acts added to the flags an Arizona planned community association may not prohibit under A.R.S. §33-1808(A). SB 1184 (Laws 2026, Chapter 154) extended the uniformed services flag to "a division flag of the army, navy, marine corps, air force, space force or coast guard" and defined "division flag". SB 1808 (Laws 2026, Chapter 243) added paragraph 9: "A flag from a nation that is allied with the United States as a major non-NATO ally and that was established on May 14, 1948." The description fits Israel. Subsection B, unchanged, still says the association "shall adopt reasonable rules and regulations regarding the placement and manner of display" of these flags. Effective September 12, 2026.

A.R.S. §33-1808 · Statute amended

Drift detection: when a statute's text changes, dependent content is automatically flagged for review and re-verification. See all Arizona changes →

Pending & Recent Arizona HOA Legislation

SB1246 Signed Into Law

HOAs; expense liens; special assessment

Last action: Jun 19, 2026

SB1184 Signed Into Law

HOAs; uniformed services division flags

Last action: Jun 19, 2026

SB1438 Introduced

HOA voting; elections; ballot measures

Last action: Jan 29, 2026

HB2277 Introduced

HOAs; fiscal duties

Last action: Jan 20, 2026

HB2614 Introduced

Homeowners' associations; assessments; liens; payments

Last action: Jan 21, 2026

HB2397 Signed Into Law

Homeowners' associations; property covenants; disclosures

Last action: Jun 22, 2026

SB1808 Signed Into Law

Homeowners' associations; allied countries' flags

Last action: Jun 22, 2026

HB4050 Introduced

Homeowners' associations; foreclosure process.

Last action: Feb 11, 2026

SB1674 Introduced

Homeowners' associations; rules; enforcement

Last action: Feb 9, 2026

9 HOA-relevant bills tracked for Arizona · refreshed Oct 3, 2026 · Source: LegiScan

Frequently Asked Questions — Arizona HOA Law

How much can a Arizona HOA charge for a resale certificate?

Under A.R.S. §33-1806, a Arizona homeowners association may charge no more than $400 for preparing a resale certificate (the disclosure packet required when a unit is sold). Charges in excess of the statutory cap are not collectible from the seller or buyer.

Source: A.R.S. §33-1806

How long does a Arizona HOA have to deliver a resale certificate?

Under A.R.S. §33-1806, a Arizona association must deliver the resale certificate within 10 calendar days of a written request from the unit owner, prospective purchaser, or their representative. Missing the deadline carries statutory consequences — including, in many states, release of the buyer from any unpaid amounts the seller owed at the time of the request.

Source: A.R.S. §33-1806

What are the rules for HOA late fees in Arizona?

Under A.R.S. §33-1803, the maximum late fee is $15 or Alternative: 10% of unpaid assessment, whichever is greater. A late fee charged outside these limits is not collectible against the unit owner.

Source: A.R.S. §33-1803

How much advance notice must a Arizona HOA give for meetings?

Under A.R.S. §33-1804, a Arizona association must give unit owners at least 10 days advance notice of meetings. The notice must specify the date, time, place, and agenda items to be considered. Actions taken at a meeting that violates the notice requirement may be voidable on owner challenge.

Source: A.R.S. §33-1804

Do owners have a right to inspect Arizona HOA records?

Yes. Under A.R.S. §33-1805, records must be made available within 10 business days of a written request. The association may charge reasonable copying fees but may not impose access or retrieval fees designed to discourage inspection. Limited categories (attorney-client privileged material, executive-session records, owner-privacy data) may be withheld.

Source: A.R.S. §33-1805

Does a Arizona HOA assessment lien have priority over a first mortgage?

No. Arizona does not grant HOA assessment liens super-priority over a first mortgage. Although A.R.S. §33-1807 establishes the assessment-lien framework, the HOA's lien sits subordinate to a first-recorded mortgage. Recording date controls relative priority among the remaining junior liens. Collection still proceeds, but the lender does not face the forced-payoff risk seen in true super-priority states such as Washington, Colorado, and Nevada.

Source: A.R.S. §33-1807

Answers derived from the Arizona legal corpus. Every numeric value (fee caps, deadlines, percentages) is pulled from a primary-source statutory threshold record verified by CommunityPay.

Arizona HOA Fee Benchmark

$188

Avg Median Monthly Fee

$101 – $263

County Range

102328

Units Paying HOA Fees

Source: U.S. Census Bureau, American Community Survey 2023 5-Year Estimates (PUMS). 15 counties with data.

Communities by City

Scottsdale 4 Tempe 3 Tucson 2 Anthem 1 Flagstaff 1 Glendale 1 Mesa 1 Oro Valley 1 Phoenix 1

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One PDF — every active Arizona statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.

Statutory fee caps and time limits (resale, late fees, lien priority)
Recent law changes with effective dates
Resale & estoppel disclosure profile, item by item

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Data sourced from Arizona Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.

United States Payments and Accounting Governance Infrastructure for Community Associations