Arizona HOA laws

Arizona HOA and Condo Laws, in Plain English

Arizona has 2 statutes that govern community associations: Condominium Act and Planned Communities Act. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

The actsWhen a home sellsQuestions

HOA laws

Arizona

AZ
Condominium Act Planned Communities Act
Resale documentResale Disclosure Report
Fee cap$400
Deadline10 days
Buyer may cancelNo statutory right tied to this document

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

A.R.S. 33-1201 (Condominium Act)

Condominiums

The Arizona Condominium Act (Title 33, Chapter 9) governs condominiums created in the state at any time, covering formation and declarations, association governance and owner rights, assessments and liens, records, and the disclosures a seller or association must give on resale. It has no separate lender questionnaire statute; lender requests for payoff or account information are handled through the same resale disclosure and assessment lien provisions. Applies to condominium unit owners' associations.

  • A.R.S. 33-1260 (Resale disclosure and fees)

    The selling unit owner, or the association for larger condominiums, must furnish the purchaser a resale disclosure package covering governing documents, financials, and assessment and lien information. The statute sets a delivery deadline tied to acceptance of the purchase offer and caps the fees the association may charge for preparing and delivering it. Applies to condominium unit owners' associations.

    Official text

  • A.R.S. 33-1256 (Common expense liens; statement of unpaid assessments)

    On request from a lienholder, escrow agent, unit owner, or the owner's designee, the association must furnish a statement of the unit's unpaid assessments and any judgment lien, serving as the association's payoff or estoppel statement for a sale or refinance. The statute sets a delivery deadline and ties a missed deadline for an escrow agent's request to loss of the lien. Applies to condominium unit owners' associations.

    Official text

A.R.S. 33-1801 (Planned Communities Act)

HOAs and planned communities

The Arizona Planned Communities Act (Title 33, Chapter 16) governs planned communities and homeowners associations in the state, with limited exemptions for certain schools, timeshare plans, and older nonprofit associations that have not opted in. It covers association governance and owner rights, assessments and liens, records, and the disclosures a member or association must give on resale. It has no separate lender questionnaire statute; lender requests for payoff or account information are handled through the same resale disclosure and assessment lien provisions. Applies to homeowners associations governing planned communities.

  • A.R.S. 33-1806 (Resale disclosure and fees)

    The selling member, or the association for larger communities, must furnish the purchaser a resale disclosure package covering governing documents, financials, and assessment and lien information. The statute sets a delivery deadline tied to acceptance of the purchase offer and caps the fees the association may charge for preparing and delivering it. Applies to homeowners associations governing planned communities.

    Official text

  • A.R.S. 33-1807 (Common expense liens; statement of unpaid assessments)

    On request from a lienholder, escrow agent, member, or the member's designee, the association must furnish a statement of the property's unpaid assessments and any judgment lien, serving as the association's payoff or estoppel statement for a sale or refinance. The statute sets a delivery deadline and ties a missed deadline for an escrow agent's request to loss of the lien. Applies to homeowners associations governing planned communities.

    Official text

When a Home Sells in Arizona

Arizona law has the association furnish resale disclosure report to the buyer, under A.R.S. 33-1260. The figures below come from the rules Havn applies to every order.

What Arizona calls the resale document
Resale Disclosure Report
Fee cap
$400
Delivery deadline
10 days
Buyer's right to cancel
No statutory right tied to this document

A lienholder, escrow agent, unit owner or member, or a person the owner designates may request a statement of unpaid assessments, and the association must furnish it within ten days after receipt of the request (A.R.S. 33-1256(J); 33-1807(J)).

The full Arizona resale rules, who pays, and how to order are on the Arizona resale disclosure report page. Every state's cap and deadline sit side by side in the fee and deadline table.

Arizona HOA Law Questions

Which law governs condominiums in Arizona?

A.R.S. 33-1201 (Condominium Act). The Arizona Condominium Act (Title 33, Chapter 9) governs condominiums created in the state at any time, covering formation and declarations, association governance and owner rights, assessments and liens, records, and the disclosures a seller or association must give on resale.

Which law governs HOAs in Arizona?

A.R.S. 33-1801 (Planned Communities Act). The Arizona Planned Communities Act (Title 33, Chapter 16) governs planned communities and homeowners associations in the state, with limited exemptions for certain schools, timeshare plans, and older nonprofit associations that have not opted in.

Does Arizona cap the fee for a resale certificate?

Yes. The cap is $400. The current figure, and the rush and delinquency surcharges where the state allows them, are on the Arizona resale page and in the fee table.

How long does an Arizona association have to deliver resale disclosure report?

10 days, counted from the request.

Where can I read the Arizona statutes?

On the Arizona legislature's website. Havn links to official text wherever the state publishes a stable address.

Nearby States

California HOA laws

Resale fee: no fixed dollar cap · 10 days

Nevada HOA laws

Resale fee: $185 · 10 days

Utah HOA laws

Resale fee: no fixed dollar cap · no statutory deadline

New Mexico HOA laws

Resale fee: $300 · 10 business days

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a Arizona community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.

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