Arizona HOA laws are governed primarily by the Arizona Planned Communities Act, found at A.R.S. Title 33, Chapter 16, sections 33-1801 through 33-1818. The Act covers assessments, open meetings, board elections, homeowner record access, fines, and foreclosure authority for planned communities across the state. Arizona condominiums are governed separately by the Arizona Condominium Act at A.R.S. Title 33, Chapter 9.
Legal Disclaimer
This article provides general information about Arizona HOA laws for educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Arizona HOA law is subject to legislative changes each year. Board members should consult a licensed Arizona HOA attorney before making decisions with legal consequences for their association.
Arizona is one of the most HOA-dense states in the country. With 9,900 community associations housing approximately 2.2 million residents across 875,000 homes, roughly 30% of all Arizonans live within an HOA. Growth is concentrated in the Phoenix metro and outlying communities where new master-planned development continues at a steady pace.
Arizona HOA law saw meaningful updates in 2025, with three bills taking effect September 26, 2025, that change foreclosure thresholds, meeting recording requirements, and parking enforcement authority. This guide covers the full legal framework and the changes every Arizona board should know.
Arizona HOA Governing Laws: What Applies to Your Association
The Arizona Planned Communities Act is the foundation for most HOA governance in the state. It covers assessments, open meetings, record access, fines, elections, and the association's authority to enforce its governing documents. The Act applies to planned communities of all sizes. Condominiums are governed separately and this guide focuses on planned community HOAs.
Arizona Revised Statutes — A.R.S. Title 33 (Property)
2025 Arizona HOA Law Updates: What Changed September 26, 2025
Arizona's 2025 legislative session adjourned June 27, 2025, with three bills affecting HOA governance taking effect September 26, 2025. Every Arizona board should have reviewed these before the effective date. If your association has not yet done so, do it now.
SB 1494 — Foreclosure Threshold Raised to 18 Months or $10,000
The most significant change of the 2025 session. SB 1494 amended A.R.S. § 33-1807 (planned communities) to prohibit an association from initiating a judicial lien foreclosure action until the owner has been delinquent for 18 months or the unpaid assessment amount reaches $10,000, whichever occurs first.
This is a major shift from the prior threshold of 12 months or $1,200. The practical effect is that Arizona HOAs can no longer initiate foreclosure proceedings at the relatively low $1,200 threshold that made early foreclosure action viable. Boards that rely on foreclosure as a primary collections tool need to revise their delinquency strategy.
Board Action
With the foreclosure threshold now at $10,000 or 18 months, proactive collections outreach is more important than ever. Payment plans, early written notices, and consistent follow-up at the 90-day and 6-month delinquency marks are now the primary tools. Waiting until delinquency reaches the new threshold is a much larger financial exposure.
For practical delinquency strategies that work before reaching foreclosure thresholds, see recovering delinquent HOA dues.
SB 1039 — Meeting Recordings Must Be Retained and Made Available
SB 1039 amended A.R.S. §§ 33-1248 and 33-1804 to require that if a board records an open meeting, it must retain that recording for at least six months. Any member who requests a copy is entitled to receive the unedited recording.
This applies to both planned community and condominium associations. Boards should note: the law does not require boards to record meetings. But if you choose to record, you are now legally obligated to retain and produce that recording on member request. Review your records retention policy and update it to include the six-month recording requirement if you record meetings.
Goldschmidt Shupe 2025 Arizona HOA Legislative Update
HB 2298 — Public Road Parking Enforcement: Vote Deadline Was June 30, 2025
HB 2298, enacted in 2023 and effective November 2023, set a deadline of June 30, 2025 for a specific category of Arizona HOAs to hold a member vote on whether to continue enforcing parking rules on public roads within their communities.
This applies to HOAs whose declarations were recorded before January 1, 2015, and that include roadways owned by governmental entities. If your association was in this category and did not hold the vote before June 30, 2025, you have permanently lost the authority to enforce parking restrictions on those public roads. That authority reverted to the municipal or county government. If you held the vote and it passed, your authority continues. If you are uncertain which category your association falls into, consult your HOA attorney immediately.
HOAMCO: Arizona key HOA law changes effective in 2026
Arizona HOA Statutes: Key Provisions Boards Must Know
Assessments and Late Fees — A.R.S. § 33-1803
Arizona HOAs have statutory authority to levy assessments on homeowners to fund common expenses. Late fees are capped by law at the greater of $15 or 10% of the unpaid assessment amount. Boards must follow the procedures in the governing documents and the Act when setting, billing, and collecting assessments.
For a board-level guide to assessment planning and financial management, see HOA financial management and HOA budget planning.
Fines and Hearings — A.R.S. § 33-1803
Before imposing any fine, an Arizona HOA must provide the homeowner with written notice of the alleged violation and a reasonable opportunity to be heard. Boards that skip the notice and hearing process expose their fines to successful legal challenge. The amount of any fine must be authorized in the governing documents.
Consistent enforcement matters under Arizona law. Selective enforcement is one of the most common defenses homeowners raise in Arizona HOA disputes. Boards must apply rules the same way to all homeowners and document every enforcement action.
For a framework on drafting enforceable rules and applying them consistently, see the HOA rules and regulations guide.
Open Meetings — A.R.S. § 33-1804
Arizona HOA boards must provide at least 48 hours advance notice of any open board meeting, along with the meeting agenda. Most board meetings must be open to members. Boards may hold executive sessions for specific limited purposes including legal matters, contract negotiations, and personnel issues. Decisions made in executive session must still be recorded in the minutes.
As of September 26, 2025, if the board records an open meeting, that recording must be retained for six months and produced to any member who requests it under the updated SB 1039 requirements.
Homeowner Record Access — A.R.S. § 33-1805
Arizona homeowners have a statutory right to inspect and copy association financial records and governing documents. Boards must make records available within a reasonable time after a written request. Associations that routinely delay or deny record access face complaints to the Arizona Department of Real Estate and potential legal action.
Arizona Department of Real Estate — HOA dispute resolution
Unenforceable HOA Rules in Arizona
Not every rule in an HOA's governing documents is enforceable. Under Arizona law, rules that conflict with state or federal law are unenforceable regardless of when they were recorded. Common unenforceable provisions include:
• Rules that violate the Fair Housing Act: Restrictions based on race, religion, national origin, sex, disability, or familial status are void under federal law.
• Rules prohibiting solar panels: Arizona law specifically protects homeowners' right to install solar energy devices. HOA rules that ban solar installations outright are unenforceable.
• Rules prohibiting drought-tolerant landscaping: Arizona law limits HOA authority to mandate water-intensive landscaping. Associations cannot force homeowners to install or maintain grass or other high-water-use plants.
• Parking enforcement on public roads without a valid vote: Under HB 2298, HOAs with pre-2015 declarations that did not hold the required member vote by June 30, 2025, no longer have authority to enforce parking restrictions on public roads within the community.
• Rules selectively applied: Arizona courts have consistently found that selective enforcement of otherwise valid rules is an unenforceable exercise of HOA authority.
Forming a New HOA in Arizona: Key Steps
If you are forming a new HOA in Arizona, the process follows a defined sequence. Working with an Arizona HOA attorney from the outset is strongly recommended.
• Choose your organizational structure: Most Arizona HOAs incorporate as nonprofit corporations under the Arizona Nonprofit Corporations Act, A.R.S. §§ 10-3101 et seq.
• Draft governing documents: An Arizona HOA attorney prepares the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and community rules. These documents define assessment authority, fines, board powers, and homeowner rights within the limits set by the Planned Communities Act.
• File Articles of Incorporation with the Arizona Corporation Commission: This establishes the legal entity. Filing fees and formation requirements are set by the Commission.
• Record the Declaration: The CC&Rs must be recorded with the county recorder in the county where the community is located. This is what creates the HOA's authority over property owners.
• Secure liability insurance: Arizona HOAs are required to carry liability insurance. Get multiple quotes from brokers who specialize in community associations.
• Hold an organizational meeting and elect the board: The developer typically appoints the initial board, which transitions to homeowner-elected directors as homes are sold.
• Decide on management structure: Self-managed by the board, or professionally managed by a licensed community association manager.
For a side-by-side look at the trade-offs, see HOA self-management vs. professional management.
Arizona HOA Board Responsibilities
Arizona HOA boards operate under a duty to act in the best interests of all homeowners, within the governing documents and applicable Arizona law. Core responsibilities include:
Financial Management
Boards must maintain accurate financial records, prepare annual budgets, fund reserve accounts appropriately, and make financial records available to homeowners on request. Special assessments for underfunded reserves create homeowner friction and legal risk. Build reserve contributions into every annual budget.
For reserve fund planning, see HOA reserve funds. For financial transparency best practices, see HOA financial transparency.
Board Elections and Governance
Elections must follow the procedures in the governing documents and the Planned Communities Act. Board decisions on significant matters must be made in properly noticed open meetings. Meeting minutes must be recorded, retained, and made available to members.
For a full breakdown of board member duties, see HOA board member responsibilities.
Maintenance of Common Areas
The board is responsible for maintaining all common elements in good condition. Deferred maintenance is one of the leading causes of large special assessments and homeowner disputes. A documented maintenance schedule across all common area assets, reviewed annually, is both a governance best practice and a financial protection.
For a practical maintenance framework, see the HOA maintenance checklist.
Arizona HOA Homeowner Rights
• Right to inspect records: Under A.R.S. § 33-1805, homeowners may request and inspect financial records and governing documents within a reasonable time.
• Right to vote: Homeowners vote in board elections and on matters requiring member approval under the governing documents.
• Right to a hearing before fines: Under A.R.S. § 33-1803, the board must give written notice and an opportunity to be heard before imposing any fine.
• Right to open meetings: Most board meetings must be open to members with at least 48 hours notice under A.R.S. § 33-1804.
• Right to install solar energy devices: Arizona law protects homeowners' right to install solar panels regardless of HOA aesthetic restrictions.
• Right to drought-tolerant landscaping: HOAs cannot mandate water-intensive plants or prohibit xeriscaping compliant with Arizona's water conservation framework.
• Right to dispute resolution: The Arizona Department of Real Estate offers a free informal dispute resolution process for homeowners with complaints about their HOA.
Common Challenges for Arizona HOA Boards
For a broader look at HOA governance challenges, see HOA management challenges.
CAI Arizona: Resources for Arizona HOA Boards
The Community Associations Institute (CAI) Arizona chapter is the primary professional organization for HOA boards, managers, and service providers in the state. CAI Arizona provides education, legislative updates, professional development, and networking for the Arizona community association industry.
The Arizona Department of Real Estate (ADRE) administers the Homeowners' Association Dispute Process, which provides free informal dispute resolution for homeowners with complaints about their associations. Boards that operate transparently and follow proper procedures rarely face ADRE complaints.
Arizona Department of Real Estate HOA resources
Managing Your Arizona HOA
Running a compliant Arizona HOA in 2026 means staying current on annual legislative changes, maintaining accurate financial records, and keeping homeowners informed. Purpose-built HOA management tools help boards handle the administrative workload efficiently.
Explore HOA management features and pricing, or visit ManageCasa.com to learn more.
Frequently Asked Questions
What law governs HOAs in Arizona?
Arizona HOAs are primarily governed by the Arizona Planned Communities Act and, if incorporated, the Arizona Nonprofit Corporations Act. Condominiums are governed separately under the Arizona Condominium Act.
What are the new Arizona HOA laws for 2025?
Key 2025 Arizona HOA law changes include higher foreclosure thresholds, new meeting-record retention requirements, and updated limitations on HOA parking enforcement authority.
What are unenforceable HOA rules in Arizona?
HOA rules are unenforceable if they conflict with state or federal law. Rules restricting protected rights or applied inconsistently may also be invalid and unenforceable.
Can an Arizona HOA fine homeowners?
Yes. Arizona HOAs may impose fines for rule violations if authorized by governing documents and after providing written notice and an opportunity for a hearing.
What is Arizona's open meeting law for HOAs?
Arizona HOAs must provide at least 48 hours' notice for most board meetings, which are generally open to homeowners. Meeting recordings must be retained and available upon request when applicable.
Content Writer
Patrick Bohan is a content strategist focused on property management technology, HOA operations, and real estate. A Cornell graduate, he began his career at UBS covering housing markets, homeownership policy, and financial regulation — experience that now informs his research-driven approach to proptech content. Today he bridges the gap between software teams and the practitioners who use them, producing practical resources on community associations, rental operations, and accounting workflows for property managers.