Which Arizona Laws Govern Your HOA?

Arizona gives community associations two parallel statutes plus an unusual state hearing process. The first step is matching your community to the right law. For your specific situation, a licensed Arizona attorney is the right resource. This is general information, not legal advice.

Does Arizona have an HOA law?

Yes. The Arizona Planned Communities Act (A.R.S. § 33-1801 et seq.) is the main statute for the typical single-family-home or townhome HOA. It addresses open meetings, records, penalties only after notice and an opportunity to be heard, and the assessment lien, with foreclosure only at 18 months' or $10,000 of delinquency.

In more detail, the Arizona Planned Communities Act addresses:

• Open meetings — meetings open to members, with a right to speak and 10–50 days' notice (§ 33-1804)
• Records — financial and other records within 10 business days (§ 33-1805)
• Penalties — monetary penalties only after notice and an opportunity to be heard (§ 33-1803)
• The assessment lien — with foreclosure only at 18 months' or $10,000 of delinquency (§ 33-1807)

Do Arizona condos follow a different law than HOAs?

Yes. Condominiums follow the Condominium Act (A.R.S. § 33-1201 et seq.), whose provisions on records, meetings, penalties and the lien parallel the Planned Communities Act but are not identical. Since September 12, 2026, the condo lien foreclosure threshold in § 33-1256 is aligned with planned communities: 18 months of delinquency or $10,000 or more, whichever occurs first.

If you own a condominium, the Arizona Condominium Act (A.R.S. § 33-1201 et seq.) governs instead. The provisions are parallel, not identical, and the section numbers differ: the condominium lien sits in § 33-1256 rather than the planned-community section, § 33-1807. The two foreclosure thresholds used to diverge — the condominium threshold was one year or $1,200 — but since September 12, 2026, SB 1246 (Laws 2026, ch. 162) has aligned them. A condominium lien now "may be foreclosed only if the unit owner has been and remains delinquent in the payment of any assessment or portion of the assessment for a period of eighteen months or in the amount of $10,000 or more, whichever occurs first." A licensed Arizona attorney can confirm which act — and which section — applies.

The state dispute process

What sets Arizona apart is a public alternative to litigation. Under A.R.S. § 32-2199.01, a homeowner may file a petition with the Arizona Department of Real Estate alleging that the association violated the planned community or condominium statutes or the community documents; if justified, the matter is referred to the Office of Administrative Hearings for a hearing before an administrative law judge. A filing fee applies, set by the department. That route supplements — it does not replace — a homeowner's other options.

The Arizona nonprofit corporation framework

Most Arizona associations are incorporated nonprofits. That entity law supplies director duties, member-meeting and voting procedures, and recordkeeping rules that work alongside the Planned Communities Act or Condominium Act.

How the layers fit

1. The recorded governing documents — declaration, bylaws, and rules. The statutes set the floor; the documents add detail but cannot subtract statutory owner rights.
2. The Planned Communities Act (§ 33-1801 et seq.) for lot-based HOAs — or the Condominium Act (§ 33-1201 et seq.) for condos.
3. The state dispute process through the Department of Real Estate and the Office of Administrative Hearings.
4. Federal law — the Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.

From records to penalties to the assessment lien, the Planned Communities Act is the starting point for most Arizona homeowner questions.

Sources

• A.R.S. Title 33, Ch. 16 — Planned Communities (§ 33-1801)
• A.R.S. Title 33, Ch. 9 — Condominiums (§ 33-1201)
• A.R.S. § 33-1807 — Planned-community lien; priority; foreclosure threshold
• A.R.S. § 33-1256 — Condominium common expense lien; foreclosure threshold
• Arizona SB 1246 (Laws 2026, ch. 162) — condominium threshold; special assessments
• A.R.S. § 32-2199.01 — Hearing; rights and procedures