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.

Lot-based communities: the Planned Communities Act (A.R.S. § 33-1801)

The Arizona Planned Communities Act is the main statute for the typical single-family-home or townhome HOA. It 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)

Condominiums

If you own a condominium, the Arizona Condominium Act (A.R.S. § 33-1201 et seq.) governs instead, with parallel provisions on records, meetings, penalties, and the lien. The provisions are parallel, not identical — and the foreclosure threshold is one place they diverge. The widely cited 18-month or $10,000 floor before an association can foreclose its lien comes from the planned-community section, § 33-1807. The condominium lien sits in a different section, § 33-1256, which sets its own threshold (foreclosure only after the owner has been delinquent for one year or in the amount of $1,200, whichever is first). So a condo owner cannot assume the $10,000 planned-community number applies to their home. A licensed Arizona attorney can confirm which act — and which threshold — 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
• A.R.S. § 32-2199.01 — Hearing; rights and procedures