Arizona HOA disclosure
What state law requires, what the standard resale packet leaves out, and the Arizona-specific gotchas buyers should know before removing contingencies.
Primary statute: Arizona Planned Communities Act (Arizona Revised Statutes Title 33, Chapter 16). For condominium associations, the parallel statute is Arizona Condominium Act (Arizona Revised Statutes Title 33, Chapter 9). Together with the FCC Over-The-Air Reception Devices Rule (47 C.F.R. section 1.4000) and a handful of subject-specific statutes (solar, flags, EV charging, where applicable), these are the rules that override declaration and bylaw language inconsistent with them.
These are the AZ rules that most commonly conflict with what the disclosure packet appears to say. Each one is worth a direct question to the HOA before contingency removal.
Assessment cap - planned communities only
20% annual cap under section 33-1803(E)
For planned communities, annual assessment increases are capped at 20% under section 33-1803(E). For condominium associations under Chapter 9, there is no statutory cap. Buyers should confirm which regime applies before assuming a dues ceiling.
Solar void by independent statute
Section 33-439 voids solar prohibitions even outside HOA acts
Arizona Revised Statutes section 33-439 independently voids any deed restriction or covenant that prohibits solar energy devices, regardless of whether the association is governed by Chapter 16 or Chapter 9. Aesthetic restrictions are allowed; an outright prohibition is not.
Artificial turf protected (planned communities)
Section 33-1819 prevents HOAs from banning artificial turf in back yards
Planned communities may not prohibit artificial turf on lots, though they may impose reasonable installation standards. This is a 2021 amendment and may not be reflected in older governing documents - buyers should not assume an older 'no artificial turf' rule is still enforceable.
Foreclosure thresholds differ by regime
Planned communities: $10,000 or 18 months; condos: $1,200 or 12 months
Section 33-1807 (planned communities) requires unpaid assessments exceeding $10,000 OR delinquency over 18 months before nonjudicial foreclosure. Section 33-1256 (condos) requires $1,200 OR 12 months. The condo threshold is dramatically lower - condo buyers should verify the seller is current.
Late fee cap: greater of $15 or 10%
Late fees above this are unenforceable
Late fees on delinquent assessments are capped at the greater of $15 or 10% of the unpaid amount. Anything higher in the governing documents is unenforceable. Check the assessment statement for compliance before paying.
Plain-English guides to the Arizona statutes that most often clash with HOA governing documents. Each one explains the rule, what the board can still do, and what to check in the disclosure packet before you remove contingencies.
Arizona Revised Statutes 33-1816 and 33-439
A covenant that prohibits a solar device is void, and the board keeps only narrow placement authority.
Arizona Revised Statutes 33-1819
In a planned community that allows natural grass, after declarant control, the HOA cannot ban artificial turf.
Arizona Revised Statutes 33-1803
A planned community cannot raise regular dues more than 20 percent a year without a member vote; condos have no cap.
Arizona Revised Statutes 33-1803
Notice and a chance to be heard before a fine, a 21-day response window, and penalties that have to be reasonable.
Arizona Revised Statutes 33-1807
A specific 30-day notice, in boldface, before the HOA turns a delinquent account over for collection.
Arizona Revised Statutes 33-1807 and 33-1256
No foreclosure until $10,000 owed or 18 months behind in a planned community; $1,200 or 12 months in a condo.
Arizona Revised Statutes 33-1806.01
The rental disclosure fee is capped at $25, and a rental cannot be charged any differently from an owner-occupied home.
Arizona Revised Statutes 32-2199.01
HOA complaints (state hearing)
An owner can petition the Department of Real Estate for a hearing before an administrative law judge.
Upload the full disclosure package - HOA documents plus any state-specific addenda - and HOA Notes runs a AZ-calibrated analysis: every assertion in the resulting brief points to a page in the source packet, every state-law conflict is flagged with the statute citation, and a Risk Score 0 to 100 summarizes the overall exposure. The state-law cross-reference is keyed to the Arizona statutes listed above. Delivered in under an hour.
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About this page
This is a general buyer guide for Arizona HOA disclosure. HOA Notes is not a law firm and this is not legal advice. State statutes change; the citations above were current as of the page's last update. Consult a Arizona real estate attorney before removing contingencies or relying on any state-law right described here.