The Arizona Planned Communities Act (A.R.S. § 33-1801 et seq.) is the state law that governs most single-family HOAs in Arizona. It sets rules for assessments, open meetings, records, resale disclosures, liens, elections and homeowner protections. Transcend Community Management builds these requirements into how it manages HOAs across Maricopa and Pinal County.
What is the Arizona Planned Communities Act?
Arizona Revised Statutes Title 33, Chapter 16 is usually called the Planned Communities Act. It applies to “planned communities”: developments where owners are automatically members of an association that owns or maintains common areas and can charge mandatory assessments. In Maricopa and Pinal County, that describes most single-family subdivisions, master-planned communities and many patio-home and cluster communities.
The Act does not replace your declaration (CC&Rs), bylaws or rules. Instead, it sets a floor. Where the statute says “notwithstanding any provision in the community documents,” the statute wins. Everywhere else, your documents usually control. Condominiums follow a separate law; see our guide to the Arizona Condominium Act.
Key sections every Arizona HOA should know
| Section | Topic |
|---|---|
| A.R.S. § 33-1801 | Which communities the Act covers |
| A.R.S. § 33-1802 | Definitions (association, community documents, declarant, planned community) |
| A.R.S. § 33-1803 | Assessment increase limits, late charges, fines and violation notices |
| A.R.S. § 33-1804 | Open meetings, notice and closed sessions |
| A.R.S. § 33-1805 | Access to association financial and other records |
| A.R.S. § 33-1806 | Resale disclosures and fees |
| A.R.S. § 33-1806.01 | Rental property information and fees |
| A.R.S. § 33-1807 | Assessment liens and foreclosure limits |
| A.R.S. § 33-1808 | Flags, political signs and for-sale signs |
| A.R.S. § 33-1810 | Annual audit, review or compilation |
| A.R.S. § 33-1811 | Board conflicts of interest |
| A.R.S. § 33-1812 | Proxies and absentee ballots |
| A.R.S. § 33-1813 | Removing a board member |
| A.R.S. § 33-1816 | Solar energy devices |
| A.R.S. § 33-1817 | Declaration amendments and architectural committees |
| A.R.S. § 33-1820 | Declarant (developer) control |
| A.R.S. § 33-1821 | The association’s duty to act reasonably |
Each of these has its own plain-English page in our Arizona HOA law library.
What the Act means for HOA boards
Board members are volunteers, but the Act holds the association to real procedural standards. In practice, boards need to:
- Give proper notice and hold business in open session, closing only for the narrow reasons listed in § 33-1804. Our guide to open meeting law for board meetings walks through it.
- Keep assessment increases within the 20% limit in § 33-1803 unless members approve more.
- Follow the required steps before imposing fines, and include the right information in violation notices.
- Produce records within the statutory timeline and complete an annual audit, review or compilation within 180 days after fiscal year-end (§ 33-1810).
- Use absentee ballots rather than proxies once developer control has ended.
- Exercise discretion “impartially, fairly,” and without favoritism under § 33-1821’s duty to act reasonably.
New directors can start with our new HOA board member guide and fiduciary duty in Arizona overview.
What the Act means for homeowners
For homeowners, the Act provides rights that the CC&Rs cannot take away. You can attend and speak at open board meetings, record them, review association records, receive specific information before you can be fined for a property-condition violation, display protected flags and political signs within the statutory windows, and install solar. If you believe the association violated the Act or the community documents, you can petition the Arizona Department of Real Estate for a hearing; see ADRE dispute hearings.
The Act also creates obligations. Assessments are a lien on your lot, and your CC&Rs remain enforceable. Our HOA dues explained guide covers where the money goes.
How Transcend applies the Planned Communities Act
Under our ACTIVE Management System, statutory steps are tasks, not memories. Meeting notices, agenda postings, records requests, resale disclosures and annual financial reviews are tracked in task-driven systems so deadlines are not missed when people are busy or on vacation. Our violation letters are built around the information § 33-1803 requires, and our CC&R enforcement service keeps the board in the decision seat.
We also provide board education and legal-update training, and we coordinate with your association’s attorney when a question needs a legal opinion. Thinking about a change in management? Request a free HOA management proposal.
Common Planned Communities Act mistakes in Arizona
Most compliance problems we see in Valley HOAs aren’t intentional. They come from turnover on the board, a self-managed community relying on memory, or a prior manager without a system. The most frequent:
- Board members deciding issues by email chain instead of at a noticed meeting.
- Violation letters that don’t name the provision violated or explain how to contest the notice.
- Records requests that sit in an inbox past the 10-business-day deadline.
- Budgets that raise regular assessments more than 20% without a member vote, or skip increases until reserves run short.
- Design guidelines that still prohibit solar, artificial turf or shade structures the Legislature has since protected.
A short annual compliance review, timed with budget season each fall, catches most of these. If your community is self-managed, our self-managed HOA support can help with just the compliance pieces.
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.
Frequently asked questions
Generally no. Condominiums are governed by the Arizona Condominium Act, A.R.S. § 33-1201 et seq., which has many parallel but separate rules.
Where the statute says it applies notwithstanding the community documents, the statute controls. Otherwise, the CC&Rs usually govern, so ask your association attorney about specific conflicts.
The Arizona Legislature publishes the current text of Title 33, Chapter 16 free on azleg.gov. Check it there, since sections are amended in many legislative sessions.
A.R.S. § 33-1821 requires an association to exercise its discretionary powers impartially, fairly, without favoritism and not arbitrarily.
This page is general information about Arizona community association practice, not legal advice. Your governing documents and an Arizona HOA attorney control how the law applies to your community. Statutes change; verify current text at azleg.gov.
