Asphalt shingle, metal, tile, or flat membrane roofs. Siding (wood, fiber cement, stucco, vinyl). Exterior paint. Soffits and fascia. Gutters and downspouts. Decks and balconies. Railings. Window and door frames in common areas.
Layton Lakes Community Association
Legal Compliance Dashboard — Live Preview
Arizona vs. Washington · 10 requirements tracked
3/10
| Requirement | AZ | WA |
|---|---|---|
| RC delivery deadline | 10 days | 10 calendar days |
| RC fee cap | $400 | $275 |
| RC update fee cap | $50 | $100 |
Resale Certificate Compliance
16 disclosures required
AZ
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
Reserve study standards in Arizona
Statutory requirements, board preparation checklist, the components a professional study covers, and the useful-life ranges that drive thirty-year funding plans. Generic reference. Not a substitute for a study calibrated to a specific association.
Arizona does not currently encode a fixed reserve-study cadence in statute. The discipline still applies. Industry standard across the United States is below.
- Update the component register annually as assets are added, replaced, or retired.
- Commission a professional reserve study every three to five years. Update it when the component register changes materially.
- Maintain a thirty-year capital plan with explicit annual funding contributions tied to the study.
- Keep reserve funds segregated from operating cash. Disclose funding status in the annual budget.
- Document the board-approved funding policy — percent-funded, threshold, or baseline — in board minutes.
CommunityPay maintains a Reserve Funding Status Report (RSR) generator tied to the live ledger. It is a status report, not a substitute for a professional study with on-site inspection.
What a board should have organized before commissioning a reserve study, and what a study delivers back. Use this list to evaluate whether the association is ready, regardless of state.
- Component register Every asset the association is responsible for maintaining — roofs, asphalt, mechanical systems, plumbing risers, elevators, amenities. Freeze a current version before the study.
- Condition assessments Last inspection reports, photographs, observed wear, recent repairs. The analyst calibrates useful-life estimates against this evidence.
- Useful-life and replacement-cost estimates Per component, calibrated to local climate, construction, and use intensity. A study produces these; the board verifies them.
- Thirty-year capital plan When each component reaches end-of-life and what replacement will cost in nominal dollars at that year.
- Funding plan Percent-funded, threshold, or baseline approach with an explicit annual contribution. The board approves; the study models outcomes.
- Current reserve fund balance Separated from operating cash. Ideally in interest-bearing accounts with FDIC coverage on the full balance.
- Annual budget tied to the funding plan Reserve contribution as an explicit budget line, traceable to the study and the funding policy.
- Most recent reserve study Full study, update, or interim review. Author credentials and date of the most recent on-site inspection.
- Insurance schedule Replacement-cost coverage on insured components. Deductibles that may draw against reserves in a loss.
- Board minutes referencing reserve decisions Special assessments, deferred maintenance, funding-policy changes, scope deviations from the study.
Categories most reserve studies cover. The specific components depend on the association. High-rise condos track far more than single-family HOAs. Gated communities track infrastructure that condos never see.
HVAC chillers and cooling towers. Boilers and water heaters. Ventilation. Pumps. Fire suppression and sprinkler systems. Emergency generators. Elevators — cabs, controllers, jacks, and modernizations.
Parking lots: seal coat, overlay, full reconstruction. Concrete sidewalks and curbs. Site lighting. Storm drainage. Retaining walls. Fencing. Entry gates and signage.
Main water lines and risers. Sanitary and storm sewer lines. Backflow preventers. Common-area electrical panels and switchgear. Transformer pads. Distribution.
Pools, spas, and pool equipment. Clubhouse interiors. Fitness rooms. Playgrounds. Tennis and pickleball courts. Mailbox kiosks. Trash enclosures and dumpster pads.
Fire alarm panels. Emergency lighting. Smoke detectors in common areas. Fire-rated doors. Structural fireproofing. Sprinkler heads and inspection-required components.
A mid-size HOA typically tracks thirty to eighty components. A high-rise condo tracks two hundred or more. The categories above are illustrative. A professional reserve study identifies the components a specific association is responsible for.
Typical useful-life ranges for components common in reserve studies. Industry averages, not specific to any state, climate, or association. A professional study calibrates these to local conditions, construction quality, maintenance practice, and use intensity.
| Component | Typical useful life |
|---|---|
| Asphalt shingle roof | 20–25 years |
| Metal roof | 40–50 years |
| Tile or slate roof | 50+ years |
| Flat membrane roof (TPO/EPDM) | 15–25 years |
| Wood siding | 20–30 years |
| Fiber cement siding | 30–50 years |
| Stucco | 50+ years |
| Exterior paint cycle | 7–10 years |
| Gutters and downspouts | 20–30 years |
| Wood deck, pressure-treated | 15–20 years |
| Composite deck | 25–30 years |
| Asphalt parking — seal coat | 3–5 years |
| Asphalt parking — overlay | 12–15 years |
| Asphalt parking — reconstruction | 25–30 years |
| Concrete sidewalks and curbs | 30–50 years |
| Site lighting (poles, fixtures) | 20–30 years |
| Wood fencing | 15–25 years |
| Pool plaster | 10–15 years |
| Pool pump and filter | 7–10 years |
| HVAC rooftop unit | 15–20 years |
| Boiler | 25–30 years |
| Commercial water heater | 10–15 years |
| Fire alarm panel | 20–25 years |
| Elevator cab finishes | 15–20 years |
| Elevator modernization | 25–30 years |
| Carpet, clubhouse | 7–10 years |
| Playground equipment | 10–15 years |
Ranges synthesized from common professional reserve-study references and U.S. building-component literature. Verify against a study performed by a credentialed reserve specialist (RS, PRA, or equivalent) before relying on any figure for funding decisions.
- Reserve Health Check → Free. Inputs reserve balance, annual contribution, building age, and components; returns a grade with the math shown. No signup required to view results.
Meeting requirements in Arizona
Statutory floors for owner and board meetings — notice periods, delivery rules, quorum, voting, written consent, and record retention. Generic reference. Specific bylaws or declarations may impose tighter requirements; statutes set the minimum.
- Annual / owner meeting
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10
days advance notice
A.R.S. §33-1804(B) - Board meeting
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2
days advance notice
A.R.S. §33-1804(D)
Most state regimes also require:
- Open meetings — board meetings open to all members in good standing; closed executive sessions only for narrow purposes (litigation, personnel, contracts).
- Agenda discipline — the board cannot vote on substantive matters not included in the noticed agenda except in narrow emergency circumstances.
- Annual meeting — at least one owner meeting per year, with notice mailed to the address on record for each owner.
- Quorum thresholds — defined in the declaration or bylaws; statutory default applies when governing documents are silent.
CommunityPay maintains a Board Meeting Packet generator that produces a state-aware agenda, draft minutes template, and compliance checklist for the board pack.
How meeting notice must be delivered, what it must contain, and what defects invalidate the notice. Statutes vary in mechanics; the principles are consistent.
- Delivery method First-class mail or hand-delivery to the address on file with the association is the universal default. Most states permit electronic delivery only with the owner's written consent. A posted notice on a community bulletin board is not, by itself, sufficient.
- Address on file The association is entitled to rely on the address each owner has provided. The owner bears the burden of keeping it current. The board must maintain a registered address list.
- Required content Date, time, location (or remote-access link), and an agenda. Material to be voted on — budget, special assessments, rule changes — must be identified specifically. "Other business" is not a substitute for an item.
- Notice period start The notice period typically runs from the date of mailing or hand-delivery, not the date of receipt. Some states count both the notice date and the meeting date; others exclude one or both. Confirm the rule.
- Remote participation When the association offers remote attendance, the notice must include the access information and any limitations (e.g., audio-only, no chat). Recording rules vary by state.
- Defective notice consequences Material defects invalidate actions taken at the meeting. Minor defects (typo in location, slightly late mailing) may be cured by attendance and waiver. Document the cure in the minutes.
- Emergency notice Statutes typically permit shortened notice for genuine emergencies (imminent physical harm, immediate financial loss). The board must document the emergency basis in the minutes.
Quorum sets the floor for a valid meeting. Voting mechanics — proxies, ballots, written consent — determine how votes are counted once the quorum is established.
Defined in the declaration or bylaws. When silent, statutory defaults apply — typically 20–25% of allocated interests for owner meetings. Quorum is measured at the start; once established it persists even if attendance drops below the threshold.
Most states permit proxies for owner meetings. The proxy must be written, dated, and signed; many states require revocation rights and an explicit scope (general or limited). Proxies do not extend to board meetings — directors must vote in person or by permitted remote means.
Action without a meeting requires unanimous written consent in most jurisdictions, though some states permit a lower threshold for narrow categories (uncontested matters, ratification). Document the consent in the corporate records, indexed to the action taken.
Secret-ballot procedures, double-envelope requirements, and inspector-of-elections rules apply in states with comprehensive election statutes. Director elections, recall votes, and assessment increases above a statutory threshold typically require secret-ballot procedure.
Available only when explicitly authorized by the declaration or bylaws. Otherwise straight voting applies — each membership casts one vote per open seat per candidate, with no concentration permitted.
Voting rights may be suspended for delinquent accounts in some jurisdictions. Suspension typically requires due-process notice and an opportunity to cure. Statutes vary; the bylaws must align.
Minutes are the corporate record of the meeting. Statutes in every state require associations to maintain meeting minutes and make them available to owners on request. Retention periods and access rules vary.
- What minutes must contain Date, time, location. Directors and officers present. Quorum determination. Motions made, seconded, and the vote count. Substantive board actions and adopted resolutions. Executive-session minutes kept separately; the open-session minutes record only that a closed session occurred.
- Retention period Statutes vary; common floors are seven years for financial records and the life of the association for governance records. Permanent retention is the safer practice. Reserve studies, declarations, amendments, and assessments — permanent.
- Owner inspection rights Arizona requires the association to respond within 10 business days of a written request.
- Approval process Draft minutes are circulated to the board, corrected, and approved at the next regular meeting. Approved minutes become the official record. Corrections after approval require a noted amendment, not silent edits.
- Permanent records Declaration, bylaws, articles of incorporation, rule books, amendments, and the minute book are permanent records. The association cannot dispose of them on any retention schedule.
- Resale disclosure Recent board and owner meeting minutes are typically required attachments to a resale certificate. The standard window is the last 12 months; some statutes extend to 24 months for amendments.
- Executive session Closed-session minutes record matters discussed but typically remain confidential from the general membership. Specific votes taken in closed session may need to be reported in the open-session minutes.
- Board Meeting Packet Generator → Free. State-aware agenda, minutes template, and compliance checklist exported to a PDF for the board pack. No signup required.
Insurance & risk requirements in Arizona
Statutory floors plus the Fannie Mae 1076 and Freddie Mac 476 condo questionnaire fields lenders verify before closing. Generic reference. Specific declarations or bylaws may impose tighter requirements; statutes set the minimum.
- Hazard / property coverage
-
100%
of replacement cost value, project improvements + common elements + residential structures
Fannie Mae B7-3-03 - Comprehensive general liability
-
$1000000
minimum per single occurrence, bodily injury and property damage on common elements
Fannie Mae B7-4-01
- Replacement cost basis — policy must pay to rebuild without depreciation deduction.
- Agreed-amount endorsement — waives the coinsurance penalty when coverage is set to a stated replacement cost.
- Inflation guard endorsement — annual escalation to keep coverage at current rebuild cost.
- Building ordinance or law endorsement — covers the cost gap when current building codes require upgrades during a rebuild.
- Fidelity / crime bond minimum
-
3
months of aggregate assessments on all units
Fannie Mae B7-4-02
The fidelity / crime policy protects association funds from dishonest or fraudulent acts by anyone handling or responsible for those funds — directors, officers, employees, and the management agent. The HOA or co-op corporation must be the named insured, with premiums paid as a common expense.
- Named covered parties — board, officers, employees, and the management company (when one is engaged).
- Computation basis — months of assessments plus reserve balance, or a percentage of the operating budget, depending on the governing statute.
- Annual renewal — coverage lapses are a common audit finding and trigger lender disqualification.
- Deductible cap
-
5%
maximum of master policy coverage amount, aggregated across per-peril deductibles
Fannie Mae B7-3-03
Higher deductibles disqualify the project from conforming mortgage originations on every unit. State statutes sometimes codify a tighter cap or require board approval before deductible changes.
Flood insurance is required when any portion of the project sits inside a FEMA-designated Special Flood Hazard Area (SFHA). Coverage must equal the lesser of the building replacement cost or the National Flood Insurance Program (NFIP) maximum, with the balance covered by an excess flood policy.
Beyond the master property policy, lenders require several distinct coverages and endorsements. Each addresses a specific risk category the master policy alone does not handle.
- Directors & officers (D&O) liability — defends board members against claims arising from governance decisions. Often required by lenders even when not codified by statute.
- Umbrella / excess liability — extends primary liability limits, typically by $1M to $5M, to cover catastrophic claims.
- Workers’ compensation — required when the association directly employs maintenance or management staff.
- Earthquake / windstorm — peril-specific policies in seismic and coastal zones. Lender requirement depends on territory.
- Environmental / pollution — applies when the association operates pools, fuel storage, or other regulated facilities.
Statutory Obligations — Arizona
104 obligations across 7 categories
AZ
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Purchaser must give written notice by certified mail specifying defects
Purchaser must give written notice by certified mail specifying defects.A.R.S. §12-1361
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Establishes the legal framework for condominium governance, common element management, and unit owner rights
Establishes the legal framework for condominium governance, common element management, and unit owner rights.A.R.S. §33-1201
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Applies to all condominiums created in Arizona regardless of creation date
Applies to all condominiums created in Arizona regardless of creation date.A.R.S. §33-1201
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Board must have at least 3 members with a majority being unit owners after transition
Board must have at least 3 members with a majority being unit owners after transition.A.R.S. §33-1243
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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
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
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Board acts on behalf of the association except for declaration amendments, termination, and board elections
Board acts on behalf of the association except for declaration amendments, termination, and board elections.A.R.S. §33-1243
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Board meetings require at least 48 hours advance notice
Board meetings require at least 48 hours advance notice.A.R.S. §33-1248
-
Annual and special meetings require 10 to 50 days notice
Annual and special meetings require 10 to 50 days notice.A.R.S. §33-1248
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Same open meeting framework as the Planned Community Act
Same open meeting framework as the Planned Community Act.A.R.S. §33-1248
-
All meetings are open to unit owners
All meetings are open to unit owners.A.R.S. §33-1248
-
Governs all planned communities in Arizona
Governs all planned communities in Arizona.A.R.S. §33-1801
-
Allows voluntary opt-in by majority vote for associations not otherwise qualifying
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
Applies to communities with mandatory membership and assessment authority.A.R.S. §33-1801
-
Exempts timeshare plans under Chapter 20
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
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
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
All association and board meetings are open to members.A.R.S. §33-1804
-
Board meeting notice requires at least 48 hours in advance
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
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
Members may audiotape or videotape open portions.A.R.S. §33-1804
-
AZ Annual Meeting Notice Period: 10 days
Not fewer than ten or more than fifty days in advanceA.R.S. §33-1804(B)
-
AZ Board Meeting Notice Period: 2 days
At least forty-eight hours in advanceA.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
-
Board-approved minutes for the previous three open meetings are a required sale item
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)
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The statement must disclose declarant control status and the declarant's approximate percentage of lots owned
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)
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Associations cannot prohibit the outdoor display of the American, uniformed services, division, POW/MIA, Arizona state, Arizona Indian nations, Gadsden, first responder, blue star, gold star, or historic American flags, or the flag of a major non-NATO ally established on May 14, 1948.
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)
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Political signs must be permitted from 71 days before a primary election until 15 days after the general election.
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)
-
Political signs may be limited to nine square feet in total only where no city, town, or county ordinance regulates them; otherwise association rules may be no stricter than the ordinance.
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)
-
For-sale, for-rent, and for-lease signs of industry standard size cannot be prohibited or charged a fee, and may be regulated only as the statute allows.
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
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Foreclosure permitted only after 18 months of delinquency or $10,000 or more owed, whichever occurs first
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)
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Same fee caps as planned communities: $400 aggregate, $100 rush within 72 hours, $50 update after 30 days
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
Late fees are capped at the greater of $15 or 10% of the unpaid amount.A.R.S. §33-1803
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AZ Late Fee Cap (Planned Community): $15.00
Greater of fifteen dollars or ten per cent of the amount of the unpaid assessmentA.R.S. §33-1803(A)
-
The statement must give the assessment amount, payment schedule, and any special-assessment installments
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)
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The statement must disclose a special assessment approved but not yet assessed, or pending member approval
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)
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The statement must disclose any unpaid assessment lien, judgment lien, or lis pendens against the property
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)
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The statement must disclose any title transfer fee authorized in the declaration
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)
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The statement must include the association's most recent income and expenses financial statement
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)
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The current operating budget is a required sale item
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)
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The most recent annual audit, review, or compilation report is required, and may be summarised only past ten pages
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)
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Aggregate fee cap of $400 for all transfer-related services, plus $100 rush and $50 update fees
Aggregate fee cap of $400 for all transfer-related services, plus $100 rush and $50 update fees.A.R.S. §33-1806(D)
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Fee may only be collected at close of escrow and charged once per transaction
Fee may only be collected at close of escrow and charged once per transaction.A.R.S. §33-1806(E)
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Foreclosure permitted only after 18 months delinquency or $10,000 or more owed
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
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An annual audit, review, or compilation is required, the board choosing among them unless the community documents require a CPA audit
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
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Prevailing party in a violation action receives reasonable attorney fees and costs
Prevailing party in a violation action receives reasonable attorney fees and costs.A.R.S. §33-1816
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May adopt reasonable rules regarding placement that do not prevent installation, impair functioning, restrict use, or adversely affect cost or efficiency
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
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Condominium assessment lien is subordinate to first mortgages — no super-priority
Condominium assessment lien is subordinate to first mortgages — no super-priority.A.R.S. §33-1256
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Establishes assessment lien priority for planned communities
Establishes assessment lien priority for planned communities.A.R.S. §33-1807
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AZ Judicial Foreclosure Required
May be foreclosed in the same manner as a mortgage on real estateA.R.S. §33-1807(A)
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AZ Assessment Lien Super-Priority Period: 0 months
Subordinate to a recorded first mortgage or first deed of trustA.R.S. §33-1807(C)(2)
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AZ Assessment Lien Statute of Limitations: 6 years
Extinguished unless proceedings to enforce are instituted within six yearsA.R.S. §33-1807(G)
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Required disclosures include bylaws, budget, financial report, reserve study if any, pending lawsuits, assessment status, and insurance coverage
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
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The most recent reserve study is required if the association has one
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)
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Sale disclosure is due within 10 days after the purchaser's offer is accepted or, at fifty or more units, after the association receives notice of the acceptance
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)
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The package must state whether a corporation or LLC owns and leases 35 percent or more of the units
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)
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The statement must disclose a known common element deficiency the purchaser will be assessed to repair within six months
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)
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For communities with 50 or more properties, the association delivers; under 50, the seller delivers
For communities with 50 or more properties, the association delivers; under 50, the seller delivers.A.R.S. §33-1806(A)
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Requires delivery of the sale disclosure within 10 days after the purchaser's offer is accepted or, at fifty or more properties, after the association receives notice of the acceptance
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)
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The current bylaws and rules are a required sale item
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)
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A purchaser given a summary report may ask to view the full report, and the association must give access within ten days after a written request
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)
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The statement must carry the reworded statutory purchaser acknowledgment, signed at close of escrow
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)
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A property governed by multiple associations must disclose each association's report and fee
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)
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The current declaration and final plat are a required sale item
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)
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The dated statement at (A)(4) carries seven items, lettered (a) through (g)
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)
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The statement must name a principal contact for the association
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)
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The statement must disclose any outstanding, unresolved violation cited against the property
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)
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Pending lawsuits naming the association must be summarised with the money claimed, excluding assessment collection against other members
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)
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Board must offer reasonable payment plan before foreclosure
Board must offer reasonable payment plan before foreclosure.A.R.S. §33-1256
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Lien extinguished after 6 years
Lien extinguished after 6 years.A.R.S. §33-1256
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A damaged purchaser or seller may pursue all remedies, including attorney fees, but only against knowing or reckless nondisclosure or misstatement
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)
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The fee is collectible only at close of escrow and only once, and an unauthorised fee carries a civil penalty of up to $1,200
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)
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Lien extinguished after 6 years
Lien extinguished after 6 years.A.R.S. §33-1807
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Lien is subordinate to recorded first mortgages — Arizona is not a super-lien state
Lien is subordinate to recorded first mortgages — Arizona is not a super-lien state.A.R.S. §33-1807
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Establishes mandatory right-to-repair framework for construction defect claims
Establishes mandatory right-to-repair framework for construction defect claims.A.R.S. §12-1361
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Purchaser may not file a dwelling action until the repair process is completed
Purchaser may not file a dwelling action until the repair process is completed.A.R.S. §12-1361
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Seller has 60 days to respond with a good faith written offer to repair
Seller has 60 days to respond with a good faith written offer to repair.A.R.S. §12-1361
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Disclosed information may rely in good faith on association records, with no independent investigation required
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)
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The section binds a managing agent acting for the association
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)
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Three classes of sale are exempt from the sale disclosure duty entirely
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)
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"Member" means the seller, and excludes the broker, the escrow agent, and a trustee selling under a deed of trust
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)
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Associations shall not prohibit the installation or use of solar energy devices
Associations shall not prohibit the installation or use of solar energy devices.A.R.S. §33-1816
Risk Profile — CARI Score Preview
5 weighted components · Verified score requires consent
Preview
Recent Law Changes — Last 24 Months
4 changes
· 4 directly affect this community
4
Compliance Calendar — Next 12 Months
1 deadline
Records This Community Should Have — Arizona
2 record categories required by statute
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Tax returns
Federal and state association tax returns.Retention: 7 yearsIRC §6501 + state retention norms
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Tax returns
Federal association tax returns.Retention: 7 yearsIRC §6501
Registration Details
Unclassified Entity · Est. 2021 · Active
Area HOA Fees
Maricopa County median $259/mo
Natural Hazard Exposure
Maricopa County
Very High
Applicable Laws
18 Arizona statutes
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