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Arizona HOA Law, Explained in Plain English

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Resource center

Arizona HOAs are governed by the Planned Communities Act (A.R.S. § 33-1801 et seq.) and condominiums by the Condominium Act (§ 33-1201 et seq.), plus each community’s CC&Rs. Transcend Community Management’s Arizona HOA law library explains the key rules in plain English for board members and homeowners in Maricopa and Pinal County.

How Arizona HOA law fits together

Three layers govern every Arizona community association. First, state statutes: the Planned Communities Act for most single-family HOAs and the Condominium Act for condos, plus the Arizona Department of Real Estate hearing process. Second, the recorded declaration (CC&Rs), which is a binding contract that runs with the land. Third, the bylaws, rules and design guidelines adopted under those documents. Where a statute applies “notwithstanding” the documents, it controls; otherwise your documents usually do.

Each guide below explains one topic: what the law says, what it means for boards, what it means for homeowners, and how Transcend applies it day to day.

Arizona HOA law guides

Where to go next

Board members can pair these legal guides with practical resources in our board member resource center, starting with the new HOA board member guide. Homeowners will find step-by-step help in the homeowner resource center. Unfamiliar terms are defined in our Arizona HOA glossary, and common questions are answered on the HOA FAQ page.

Transcend builds statutory deadlines (meeting notices, records requests, resale disclosures and collection notices) into task-driven systems as part of our ACTIVE Management System. If your board wants a manager that takes compliance seriously, request a free HOA management proposal.

Disclaimer

This is general information, not legal advice. Arizona statutes are amended often, and how a law applies to your community depends on your declaration (CC&Rs), bylaws, rules and the specific facts. Your governing documents and an Arizona HOA attorney control. Before acting on a legal question, confirm the current statute text on azleg.gov and talk with your association’s counsel.

Arizona HOA law library

ADRE HearingsThe Arizona Department of Real Estate petition process for HOA and condo disputes.Assessment LimitsThe 20% annual cap on regular assessments, late charges and special assessments in Arizona HOAs.Condominium ActHow A.R.S. Title 33, Chapter 9 governs Arizona condominium associations, and how it differs from the planned community law.Developer TurnoverWhen declarant control ends in Arizona and what boards should do during turnover.Elections & RecallHow Arizona law governs HOA voting, absentee ballots, ballot retention and removing board members.Flags, Signs, Solar & ParkingStatutory protections Arizona HOAs must honor for flags, signs, solar, shade structures, turf and work vehicles.HOA vs City CodeThe difference between CC&R enforcement by your HOA and municipal code enforcement in Valley cities.Liens & ForeclosureHow assessment liens, collection notices and foreclosure limits work for Arizona HOAs.Open Meetings LawWhat A.R.S. § 33-1804 and § 33-1248 require for HOA board and member meetings in Arizona.Planned Communities ActWhat A.R.S. Title 33, Chapter 16 requires of Arizona HOAs, and what it means for boards and homeowners.Records AccessOwner rights to HOA financial and other records under A.R.S. § 33-1805 and § 33-1258.Rental RulesTenant information, fees and rental restrictions under A.R.S. § 33-1806.01 and § 33-1260.01.Resale DisclosuresWhat an Arizona HOA must provide when a home sells, how fast, and what fees are allowed.Violations & FinesWhat A.R.S. § 33-1803 requires before an Arizona HOA can fine an owner for a violation.

Frequently asked questions

Which Arizona law applies to my HOA?

Most single-family HOAs follow the Planned Communities Act, A.R.S. § 33-1801 et seq., while condominiums follow the Condominium Act, § 33-1201 et seq.; your recorded declaration tells you which.

Where do I file a complaint against my Arizona HOA?

Many disputes about the governing documents or HOA statutes can be filed as a petition with the Arizona Department of Real Estate under A.R.S. § 32-2199.01.

How often does Arizona HOA law change?

The Legislature amends the HOA statutes in many sessions, so always confirm the current text on azleg.gov and with association counsel.