When a home in an Arizona HOA sells, A.R.S. § 33-1806 (or § 33-1260 for condos) requires a resale disclosure package with governing documents, assessments, budget, financial statements and open violations, generally within 10 days. Fees are capped by statute. Transcend Community Management processes resale requests for Maricopa and Pinal County HOAs through its secure title portal.
What the resale disclosure law requires
Under A.R.S. § 33-1806, the selling owner must provide the buyer with specific association information. In planned communities with 50 or more lots, the owner notifies the association of the accepted offer and the association delivers the documents. Delivery is due within 10 days after the association receives notice (or after offer acceptance in smaller communities). Condominiums follow A.R.S. § 33-1260.
The package generally includes:
- The declaration, bylaws, rules and plat.
- Minutes from the three most recent open board meetings.
- A dated statement of regular and special assessments, unpaid liens, any transfer fee, and outstanding unresolved violations.
- The current operating budget, most recent annual audit, review or compilation, and most recent reserve study (summaries are allowed for long reports).
- A summary of pending lawsuits involving the association (other than routine collection suits).
- Whether the community is still under developer control.
Resale disclosure fees in Arizona
Fees for preparing and delivering the disclosure and related services are capped by statute, currently at an aggregate of $400 per sale, with an additional rush fee of up to $100 if the work must be completed within 72 hours and an update fee of up to $50 if an update is requested 30 or more days later. The Legislature revises these figures from time to time, so check the current statute. Fees may be collected no earlier than close of escrow and only once per transaction, and an association may not charge transfer-related fees the statute doesn’t authorize. Violations can carry a civil penalty of up to $1,200.
What this means for HOA boards
Accurate resale packages protect the association. An outdated balance or missed violation can create disputes after closing. Boards should make sure the manager keeps minutes, budgets, reserve studies and violation records current, and confirm that any transfer or capital contribution fee is actually authorized by the declaration. Our resale disclosure package service handles the details.
What this means for sellers and buyers
Sellers: tell your title company which HOA (or HOAs, in master-planned communities with a sub-association) governs your home, and resolve open violations early. See selling a home in an Arizona HOA.
Buyers: read the CC&Rs, budget, reserve study and minutes before your inspection period ends. Our buying a home in an HOA checklist lists what to look for.
How Transcend applies resale disclosure law
Title and escrow agents order resale disclosures and payoff (demand) statements through the secure title/closing section of our portal. Requests are tracked against the statutory delivery window, and packages pull current account balances, budgets and open violations from the same system our accounting and compliance teams use. Questions go to our team at 480-750-7075.
Common resale issues in Maricopa and Pinal County
Arizona’s busy resale market means title companies often need documents quickly. These issues cause the most delays:
- Two associations, one home. Many master-planned communities have a master association plus a sub-association or condo association. Each one provides its own disclosure and may charge its own fees, so sellers should identify both early.
- Open violations. An unresolved violation appears on the disclosure statement. Fixing the issue before listing avoids last-minute negotiation.
- Payoff changes. Assessments, late charges and collection costs change over time; ask for an updated statement if closing is delayed.
- Transfer or capital contribution fees. If the declaration authorizes one, the disclosure must state its amount and purpose.
- Unpaid assessments. Under A.R.S. § 33-1807, a payoff statement given to an escrow agency on request is binding on the association, which is why accurate accounting matters.
Buyers should also read the reserve study and recent minutes for clues about upcoming projects, such as repainting, wall repairs or a special assessment. Our HOA accounting team keeps the balances that feed every disclosure current.
Quick checklist for title and escrow officers
- Identify every association (master, sub-association or condo) that governs the property.
- Submit the request through each association’s management portal as soon as the offer is accepted.
- Note whether rush service is needed and confirm any rush fee before ordering.
- Request an updated payoff if closing moves more than a few weeks.
- Collect association fees at close of escrow, consistent with the statute.
Sellers can speed things up by fixing open violations and confirming their account is current before listing.
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 10 days after the association receives notice of the accepted offer (for communities of 50 or more lots) under A.R.S. § 33-1806.
Resale fees are capped by statute, currently an aggregate of $400, plus a possible rush fee of up to $100 for 72-hour service; check the current statute because figures can change.
The statute allows the association to charge the selling member, though buyer and seller can allocate costs in their purchase contract.
Through the secure title and closing request section of the Transcend portal.
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.
