Arizona has one of the highest HOA membership rates in the country — roughly two-thirds of new homes in the Phoenix metro are built inside a planned community. The Arizona Planned Community Act (ARS §§ 33-1801 to 33-1817) sets the rules every HOA board must follow. This guide breaks it all down in plain English.
HOA Base keeps your records, meetings, and assessments in line with ARS Title 33. See it in a 20-minute walkthrough.
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Educational information, not legal advice.
This page summarizes Arizona HOA law as of 2026 for boards and homeowners doing research. It is not legal advice and does not create an attorney–client relationship. Statutes change, and your CC&Rs may add requirements beyond state law. Consult a licensed Arizona community association attorney before acting on anything here.
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Section 1
The Arizona Planned Community Act (ARS §§ 33-1801 to 33-1817) is the primary statute governing homeowners' associations in Arizona. If your subdivision has recorded CC&Rs that create a planned community with mandatory membership and the power to levy assessments, this Act applies to you.
Arizona's HOA statute is organized around a handful of key areas:
Arizona is one of the few states with an active state-agency role in HOA oversight. The Arizona Department of Real Estate (ADRE) can investigate homeowner complaints, hold hearings, and order corrective action — a resource most other states simply don't have.
Section 2
Arizona regulates planned communities and condominiums under two different chapters of Title 33. The rules are similar but not identical.
Owners hold fee-simple title to their lot and share ownership of common areas through the association. Governed by ARS §§ 33-1801 to 33-1817. Most single-family and townhome subdivisions in Arizona are planned communities.
Oversight: ADRE complaint process available.
Owners hold title to an individual unit plus an undivided interest in common elements, governed by ARS §§ 33-1201 to 33-1270 (Arizona Condominium Act). Similar governance rules but different structural and insurance obligations.
Oversight: ADRE complaint process also available.
This guide covers planned communities under Chapter 16. Many provisions overlap with the Condominium Act, but always check the chapter that actually applies to your community.
Section 3
Arizona is one of the few states where homeowners can file a complaint about their HOA with a state agency. Section 33-1817 gives the Arizona Department of Real Estate (ADRE) the authority to investigate complaints alleging that a planned community has violated the Planned Community Act.
For HOA boards, this means there is a real external check on compliance. A homeowner who believes the board is violating the open-meeting rule, denying records access, or skipping the required fine-hearing process can file a complaint with the ADRE rather than (or before) hiring a lawyer. Boards should understand that the ADRE process exists and factor it into their compliance posture.
Homeowners file written complaints directly with the ADRE. The complaint should identify the specific statutory section the association allegedly violated and include supporting documentation (meeting notices, correspondence, records-request denials, fine notices). The ADRE reviews the complaint and contacts the association for a response.
Section 4
Sections 33-1803 and 33-1804 establish Arizona's open-meeting rules for HOA boards. Board meetings must be open to all members, with limited exceptions.
48 hours
Minimum notice for board meetings
Written notice posted in a conspicuous location within the community at least 48 hours before a board meeting.
10–50 days
Notice for annual member meetings
Written notice mailed, delivered, or emailed (with consent) to every owner at least 10 days but not more than 50 days before the meeting.
Open to members
Right to attend, speak & record
Members may attend all open board meetings and speak during a designated open-forum period. Members may audio-record open meetings.
Executive session
Limited closed-session topics
Legal advice, pending litigation, personal information of owners, and discussion of a member's appeal of a fine may be conducted in executive session.
The posted notice must include an agenda listing the topics to be discussed. The board may discuss matters not on the agenda during an open-forum period, but may not take formal action on items not listed. Emergency items are an exception, but the emergency must be documented in the minutes.
The board must keep written minutes of all board and member meetings. Arizona does not set a specific statutory retention period in the Planned Community Act, but § 33-1805 requires that the association make meeting minutes available to members upon request. Best practice is to retain them for at least seven years.
Arizona courts have made clear that the open-meeting requirement means substantive board decisions must occur at properly noticed meetings, not via email chains. Email may be used to share information and schedule meetings, but binding votes taken outside a noticed meeting are vulnerable to challenge.
Section 5
Section 33-1805 gives every member the right to inspect the association's books and records. Arizona's records-access rules are strong and frequently cited in ADRE complaints.
The association must make records available for inspection within 10 business days of a written request. Records must be available during reasonable business hours at a reasonable location.
The association may charge a reasonable fee for copies — typically 15¢–25¢ per page. It may not charge for the time to locate records. If records are maintained electronically and the member requests electronic delivery, there should be no per-page charge.
Under § 33-1806, when a home in a planned community is sold, the association must provide a resale disclosure to the buyer within 10 business days of a written request. The disclosure must include the current assessment amount, any outstanding balances, pending special assessments, capital improvement fees, and a summary of the CC&Rs. The statutory fee cap for a resale disclosure is $400.
Section 6
Arizona requires planned communities to adopt an annual budget and distribute it to members. The financial reporting requirements depend on the size of the association's annual budget.
The board must adopt an annual budget that reasonably estimates the association's revenues and expenses. A copy must be provided to all members. The budget must include any reserve fund allocations if the association maintains reserves.
| Annual budget | Report required |
|---|---|
| Less than $250,000 | Annual financial statement compiled by the board or a CPA |
| $250,000 – $499,999 | Annual financial statement reviewed by a CPA |
| $500,000 or more | Annual audited financial statements by a CPA |
Unlike California, Arizona does not mandate reserve studies for planned communities by statute. However, many Arizona CC&Rs require them, and conducting a reserve study every 3–5 years is considered best practice. Underfunded reserves are the leading cause of special assessments, which are the leading cause of homeowner complaints.
Section 7
Section 33-1807 governs assessment liens — the association's primary collection tool when homeowners fall behind on dues.
An unpaid assessment creates an automatic lien against the owner's lot from the date the assessment becomes delinquent. The lien is perfected by recording a notice of lien in the county recorder's office. Before recording, the association must send the owner a written notice of intent to record a lien at least 30 days in advance.
Arizona allows HOAs to foreclose on assessment liens, but only through judicial foreclosure (a court proceeding). Non-judicial foreclosure is not available for HOA assessment liens in Arizona. The owner receives notice and has the opportunity to contest the amount owed in court. The association's lien is junior to a first mortgage — meaning the bank's loan takes priority if both are foreclosing.
Arizona does not have a "super-lien" statute like some states. The HOA assessment lien is subordinate to a recorded first deed of trust or mortgage. If the lender forecloses first, the HOA's lien is typically wiped out for assessments that accrued before the lender's foreclosure — making timely collection critical.
Late fees must be authorized by the CC&Rs and must be reasonable. Arizona courts apply a reasonableness test and will strike down late fees that function as penalties rather than compensation for the cost of late payment.
Section 8
Section 33-1803 requires a specific notice-and-hearing process before an Arizona HOA can impose a fine on a homeowner. Skipping any step makes the fine unenforceable and can trigger an ADRE complaint.
Written notice of the alleged violation
Sent by mail or hand-delivery. Must describe the specific violation, cite the CC&R or rule provision, and state the proposed penalty.
Opportunity to be heard
The owner must have the opportunity to appear before the board (or a designated committee) to present their side. The hearing must be scheduled at a reasonable time with advance written notice.
Written decision
The board delivers its decision in writing, including the amount of any fine and the factual basis for the decision.
Arizona statute does not set a per-violation fine cap — the amount is determined by the CC&Rs and the association's published fine schedule. However, fines must be reasonable and proportionate. Courts will strike down fines that are punitive rather than corrective, and the ADRE can investigate complaints about disproportionate fines.
In addition to fines, the association may suspend a homeowner's right to use common-area amenities (pool, clubhouse, fitness center) as a consequence of a violation or delinquent assessments. The same notice-and-hearing process applies.
Section 9
Section 33-1812 establishes the election rules for Arizona planned communities. The legislature has tightened these rules several times to address complaints about board entrenchment.
An annual member meeting is required. Notice must be sent at least 10 days but not more than 50 days before the meeting. The notice must identify open board positions and explain the candidacy process.
Any member of the association may run for the board. Arizona law prohibits the association from requiring candidates to attend a minimum number of meetings, serve on a committee, or meet any other prerequisite not established in the CC&Rs. The association also cannot charge a candidacy fee.
When an election is contested (more candidates than open seats), the vote must be by secret ballot. Absentee and mail-in ballots must be accepted. The ballots are counted at the meeting or at a time and place announced at the meeting.
The quorum for a member meeting is set in the bylaws. If not specified, Arizona defaults to 20% of the membership. Many Arizona HOAs struggle with quorum, particularly large master-planned communities. Some bylaws provide for a reduced quorum at an adjourned meeting.
A director may be removed with or without cause by majority vote at a member meeting called for that purpose. The notice requirements are the same as for any special member meeting — at least 10 days' advance written notice to all members.
Section 10
Most Arizona HOAs maintain an Architectural Review Committee (ARC) that reviews exterior modifications. The process is governed by the CC&Rs, with state-law guardrails.
Under § 33-1817(F), the architectural committee must approve or deny a request within 30 days of receiving a complete application (some CC&Rs set a shorter period). If the committee fails to act within the deadline, the request may be deemed approved — check your specific CC&Rs for the default provision.
Denials must be in writing, cite the specific provision of the CC&Rs or design guidelines the proposal would violate, and explain the factual basis for the denial. Generic rejections ("it doesn't fit the community") without a specific citation are unenforceable.
Arizona courts enforce a consistency doctrine — the association must apply its architectural standards uniformly. If the ARC approved a similar modification for one homeowner, denying it for another without a documented reason creates liability exposure.
Section 11
Arizona — one of the sunniest states in the country — has some of the strongest homeowner-rights carve-outs in HOA law. Section 33-1816 and related statutes preempt HOA restrictions in several categories.
HOAs cannot prohibit the installation of solar energy devices. Arizona's solar access law is one of the strongest in the country. The association may adopt reasonable rules on placement but cannot deny installation outright or impose conditions that significantly increase cost or reduce efficiency.
The U.S. flag, the Arizona state flag, the Gadsden flag ("Don't Tread on Me"), the POW/MIA flag, and military service-branch flags may be displayed. The HOA may regulate flagpole height and placement but cannot prohibit display.
Homeowners may display at least one "for sale" sign and political signs during election season. The HOA may adopt reasonable size and placement rules but cannot ban these signs outright.
HOAs cannot require water-intensive landscaping or prohibit desert-adapted, drought-tolerant landscaping. In a state where water conservation is a policy priority, xeriscaping protections are robust.
Federal law preempts HOA restrictions on satellite dishes under 1 meter in diameter installed within the owner's exclusive-use area. The HOA may regulate placement only if it doesn't impair reception.
The federal Fair Housing Act and Arizona law preempt any HOA pet restriction that would prevent a resident from keeping a documented service or emotional support animal.
Section 12
Run through this list at every board transition and the start of each fiscal year. These are the Planned Community Act obligations an Arizona HOA board cannot miss.
CC&Rs, bylaws, and articles centrally stored and accessible to all members
Including all recorded amendments.
Board meeting notices posted at least 48 hours in advance with an agenda
§ 33-1804. 10–50 days for annual/special member meetings.
Written minutes of every board and member meeting
Available for member inspection under § 33-1805.
Annual budget adopted and distributed to members
With reserve allocations if reserves are maintained.
Year-end financial report prepared at the appropriate tier
Compiled, reviewed, or audited depending on budget size.
Records available within 10 business days of written request
§ 33-1805: copies at cost, no charge for staff time.
30-day pre-lien notice sent before recording any assessment lien
§ 33-1807: itemized balance, sent by mail.
Fine procedure follows the notice-and-hearing process
§ 33-1803: written notice, hearing opportunity, written decision.
Elections held by secret ballot when contested
§ 33-1812: mail-in/absentee ballots accepted, no gatekeeping criteria.
ARC decisions issued within 30 days with written reasons for denials
Cite the specific CC&R or guideline provision.
Resale disclosures delivered within 10 business days of request
§ 33-1806: statutory cap of $400. Itemized balances and pending assessments.
Protected rights not being restricted
Solar panels, flags, for-sale signs, political signs, desert landscaping — verify no active enforcement.
ADRE complaint awareness — board understands the process exists
§ 33-1817: homeowners can file statutory-violation complaints with the Arizona Department of Real Estate.
Vendor conflict-of-interest disclosures reviewed
Board members with financial interest in a vendor must disclose and recuse.
HOA Base for Arizona Associations
The 14 items on the compliance checklist above are the daily work of an Arizona HOA board. HOA Base runs every one of them as part of its core workflow, with audit trails, statutory deadlines, and records retention already built in.
Every meeting notice, fine hearing, records request, and board vote is logged with timestamps. If the ADRE asks for documentation, it's already organized.
Schedule a board meeting and the 48-hour posting goes out automatically with the agenda. 10-day member meeting notices handled the same way.
The § 33-1807 notice is generated from the live ledger with correct formatting, itemized balances, and a 30-day deadline clock visible to the whole board.
Document violations with photos, send the written notice, schedule the hearing, and record the written decision — all with an audit trail that protects the board.
Every community gets a branded member portal with governing documents, financials, and meeting minutes — satisfying § 33-1805 access requests before they're even filed.
When a title company requests a resale disclosure, HOA Base drafts it from the live ledger with the 10-business-day SLA clock visible to the whole board.
Free setup, free migration, public pricing starting at $49/month.
FAQ
The Arizona Planned Community Act (ARS §§ 33-1801 to 33-1817) governs homeowners' associations in planned communities. Condominiums are governed by the Arizona Condominium Act (ARS §§ 33-1201 to 33-1270). Both are in Title 33 of the Arizona Revised Statutes.
Yes — Arizona is one of the few states with an active state-agency role. Under § 33-1817, homeowners can file a written complaint with the Arizona Department of Real Estate (ADRE) alleging that the association violated the Planned Community Act. The ADRE can investigate, issue corrective action, and impose civil penalties.
At least 48 hours, posted in a conspicuous location within the community. For annual and special member meetings, at least 10 days but not more than 50 days' written notice sent to all members. The notice must include an agenda.
Yes, but only through judicial foreclosure (a court proceeding). Arizona does not allow non-judicial HOA foreclosure. The association must send a 30-day pre-lien notice before recording a lien, and then file a lawsuit to foreclose. The HOA's lien is subordinate to a first mortgage.
The association must provide written notice of the alleged violation, give the owner an opportunity to be heard at a board hearing, and deliver a written decision. Fines must be reasonable and authorized by the CC&Rs. Skipping any step makes the fine unenforceable.
No. ARS § 33-1816(A) prohibits HOAs from banning solar energy devices. Arizona's solar access law is one of the strongest in the country. The association may adopt reasonable placement rules but cannot deny installation or impose conditions that significantly increase cost or reduce efficiency.
10 business days. Under § 33-1805, the association must make its books and records available for inspection within 10 business days of a written request. Copies are provided at a reasonable per-page cost.
Under § 33-1806, the statutory cap for a resale disclosure is $400. The association must deliver it within 10 business days of a written request.
Not by statute. Unlike California, the Arizona Planned Community Act does not mandate reserve studies. However, many CC&Rs require them, and conducting a reserve study every 3–5 years is considered best practice to avoid surprise special assessments.
The quorum is set in the bylaws. If not specified, Arizona defaults to 20% of the membership. Many large master-planned communities struggle with quorum. Some bylaws allow a reduced quorum for adjourned meetings.
HOA Base was built for the volunteer board member who didn't ask for this job. Meeting notices, assessment tracking, fine hearings, records access, resale disclosures — all of it in one system the next board can inherit.
Serving HOA boards across Arizona — Phoenix, Scottsdale, Tucson, Mesa, Chandler, Gilbert, and beyond.