In Arizona, homeowners’ associations are a pretty common part of homeownership, especially in planned communities. These HOAs oversee the neighborhood, maintain common areas, and enforce community rules. And if you’ve ever dealt with an Arizona HOA personally, you probably already know that a lot of what they can actually do comes down to Arizona HOA laws and the association’s governing documents.
To help keep everything running smoothly, many Arizona homeowners’ associations use property management software. Keep reading to learn everything you need to know about Arizona HOA laws.
Who Regulates HOAs in Arizona?
The Arizona Planned Communities Act, which applies to all common interest communities in the state, regulates homeowners’ associations. Beyond this Act, however, HOAs are heavily guided by their own governing documents. Although each HOA is different, these documents typically include:
- Articles of Incorporation
- Bylaws
- Declaration of Covenants, Conditions and Restrictions
- Other rules and regulations for the community
Arizona HOAs must also follow federal and state laws, including the Americans with Disabilities Act of 1990, the Fair Housing Act, the Arizona Non-Profit Corporation Act, the Arizona Civil Rights Act, and Arizona Fair Housing Laws.
How to Find HOA Regulations in Arizona
In Arizona, an HOA’s governing documents are public records, which means the association must record them with the county land records to enforce them. You can get a copy of these documents by visiting your local county clerk’s office or website and searching for the HOA’s name.
Sometimes, you can also find HOA records online through the Arizona Corporation Commission Entity Search.
HOA Powers in Arizona
Arizona HOA laws give associations a pretty standard set of powers, but exactly what that looks like varies from one community to the next. In Arizona, most associations can:
- Collect assessments
- Charge late fees
- Collect charges and dues to maintain common areas
- Enforce community rules
- Issue fines for violations
- Place liens on property and proceed to foreclosure, if needed
Where things tend to vary is in the HOA’s governing documents. Here, you’ll see specifics for the community, such as allowed exterior paint colors, fencing, parking requirements, and more.
Can an HOA Impose Fines on a Homeowner in Arizona?
Arizona HOA laws allow associations to impose fines on homeowners who violate their rules and to charge reasonable late-payment fees. Both situations require the HOA to give the homeowner notice and allow the homeowner to present their side of the story.
In Arizona, an HOA can charge up to $15 or 10% of the unpaid amount, whichever is greater, as a late fee after the required 15-day grace period. If the homeowner violates HOA rules, the association can charge reasonable fees and, in some cases, collect attorney fees .
Of course, there are also things that an HOA cannot do. In Arizona, an HOA can generally not fine a homeowner for or prohibit the following:
- Displaying the American flag, as long as the homeowner follows federal flag display laws
- Displaying the Arizona state flag
- Displaying an Arizona Indian Nations flag
- Displaying the Gadsden flag
- Installing solar energy panels
- Installing satellite dishes or antennas
While these items cannot be prohibited outright, HOAs can still impose reasonable restrictions on them, such as size and placement.
Can an HOA Take a Homeowner’s House in Arizona?
In Arizona, an HOA can foreclose on a homeowner’s house if they do not pay liens placed on their home, if the homeowner is behind on payments for at least 1 year, and the total amount due is $1,200 or more, excluding late fees, collection fees, or attorney’s fees .
Before starting this process, the HOA must give the homeowner written notice and allow at least 30 days to pay their debts. If the homeowner does not pay their debt within this time, the HOA must file a lawsuit to foreclose on the home. In other words, they must follow the same legal process a mortgage lender would use when foreclosing on a home .
As for eviction, Arizona HOA laws do not permit associations to evict a homeowner or tenant unless the governing documents provide otherwise. Keep in mind, however, that the HOA may have other powers around rental properties if the governing documents allow it.
Can an HOA Enter a Homeowner’s Property in Arizona?
Arizona HOA laws do not expressly allow for entry into a homeowner’s private property. However, most governing documents contain language that allows the HOA to enter a property as needed to maintain the unit, common elements, or shared community utilities.
Unless there is an emergency, HOAs are usually required to give the homeowner notice before entering the property. Timelines vary, but most HOAs usually give 1 to 2 weeks’ notice before entering.
Where Do Homeowners File Complaints Against Their HOA in Arizona?
If you want to file a complaint against your HOA in Arizona, where you go depends on the type of issue you have.
If you have a complaint about HOA fees, you can file a complaint with:
- The Arizona Attorney General’s Office
- The Federal Trade Commission
- The Consumer Financial Protections Bureau
Under the Fair Debt Collection Practices Act, you may also file a lawsuit in federal or state court within 1 year of the violation.
If you feel you are a victim of housing discrimination, your complaints go to the U.S. Department of Housing and Urban Development. Alternatively, you also have the option to file a private lawsuit in federal or state court.
For other issues, you can file a claim in state court in your county.
Joining and Leaving an HOA in Arizona
In Arizona, when buying into an HOA-maintained community, membership comes along with the home. In other words, when you buy your home, you automatically join the HOA and have to follow its rules. Most homeowners receive HOA documentation at closing .
Leaving an HOA, on the other hand, is a little more complicated. In some cases, homeowners petition the board to remove their home from the HOA, but there is no guarantee of success. Most often, leaving the HOA means selling your home.
How to Dissolve an HOA in Arizona
Sometimes the process for dissolving an HOA is outlined in the association’s governing documents. Other times, the board members must propose dissolution to the HOA members for approval.
In Arizona, if the dissolution proposal is adopted, all of the following must happen:
- The board of directors recommends dissolution to the HOA members
- Voting members must approve the proposal
- Every person with the required approval by the governing documents must approve the proposal in writing
Unless the governing documents state otherwise, a majority of the cast votes or a majority of the voting power, whichever is less, must approve the dissolution.
Once approved, the members sign a termination agreement, settle debts, and dispose of HOA assets. Then they file the necessary documentation, including the Articles of Dissolution, with the Arizona Corporation Commission. Finally, the HOA’s dissolution is complete.
Arizona HOA Laws FAQs
How long before an HOA can foreclose in Arizona?
In most cases, a homeowner must be at least 1 year behind on payments or owe at least $1,200 in dues or assessments before the HOA can foreclose.
Can an HOA ban solar panels in Arizona?
No. However, while HOAs cannot ban solar panels, they may impose reasonable restrictions on their size or location.
Are HOA documents public in Arizona?
Some are, but some aren’t. Declarations are public and recorded with the county; however, detailed rules and policies are obtained directly from the HOA.
Sources
- 1 Ariz. Rev. Stat. § 33-1803
-
A. Unless limitations in the community documents would result in a lower limit for the assessment, the association shall not impose a regular assessment that is more than twenty percent greater than the immediately preceding fiscal year’s assessment without the approval of the majority of the members of the association. Unless reserved to the members of the association, the board of directors may impose
Source Link
reasonable charges for the late payment of assessments. - 2 Ariz. Rev. Stat. § 33-1806
-
A. For planned communities with fewer than fifty units, a member shall mail or deliver to a purchaser or a
Source Link
purchaser’s authorized agent within ten days after receipt of a written notice of a pending sale of the unit,
and for planned communities with fifty or more units, the association shall mail or deliver to a purchaser or
a purchaser’s authorized agent within ten days after receipt of a written notice of a pending sale that
contains the name and address of the purchaser all of the following in either paper or electronic format… (b) The amount of the common regular assessment and the unpaid common regular assessment, special assessment or other assessment, fee or charge currently due and payable from the selling member. - 3 Ariz. Rev. Stat. § 33-1807
-
A. The association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes due. The association’s lien for assessments, for charges for late payment of those assessments, for reasonable collection fees and for reasonable attorney fees and costs incurred with respect to those assessments may be foreclosed in the same manner as a mortgage on real estate but may be foreclosed only if the owner has been delinquent in the payment of monies secured by the lien,
Source Link
excluding reasonable collection fees, reasonable attorney fees and charges for late payment of and costs incurred with respect to those assessments, for a period of one year or in the amount of one thousand two hundred dollars or more, whichever occurs first. - 4 Ariz. Rev. Stat. § 33-1803
-
B. After notice and an opportunity to be heard, the board of directors may impose reasonable monetary
Source Link
penalties on members for violations of the declaration, bylaws and rules of the association. Notwithstanding any provision in the community documents, the board of directors shall not impose a charge for a late payment of a penalty that exceeds the greater of fifteen dollars or ten percent of the amount of the unpaid penalty. A payment is deemed late if it is unpaid fifteen or more days after its due date, unless the declaration, bylaws or rules of the association provide for a longer period. Any monies
paid by a member for an unpaid penalty shall be applied first to the principal amount unpaid and then to
the interest accrued. - 5 Ariz. Rev. Stat. § 33-1808
-
A. Notwithstanding any provision in the community documents, an association shall not prohibit the
Source Link
outdoor front yard or backyard display of any of the following: 1. The American flag or an official or replica of a flag of the United States army, navy, air force,
marine corps or coast guard by an association member on that member’s property if the American flag or military flag is displayed in a manner consistent with the federal flag code (P.L.
94-344; 90 Stat. 810; 4 United States Code sections 4 through 10). 2. The POW/MIA flag. 3. The Arizona state flag. 4. An Arizona Indian nations flag. 5. The Gadsden flag. - 6 Ariz. Rev. Stat. § 33-1816
-
A. Notwithstanding any provision in the community documents, an association shall not prohibit the
Source Link
installation or use of a solar energy device… - 7 Over-the-Air Reception Devices Rule
-
Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 8 Ariz. Rev. Stat. § 33-1807
-
K. For a delinquent account for unpaid assessments or for charges related to unpaid assessments, the association shall provide the following written notice to the member at the member’s address as provided to the association at least thirty days before authorizing an attorney, or a collection agency that is not acting as the association’s managing agent, to begin collection activity on behalf of the association…
Source Link - 9 Ariz. Rev. Stat. § 33-1802
-
1. “Association” means a nonprofit corporation or unincorporated association of owners that is
Source Link
created pursuant to a declaration to own and operate portions of a planned community and that
has the power under the declaration to assess association members to pay the costs and expenses incurred in the performance of the association’s obligations under the declaration…. 4. “Planned community” means a real estate development that includes real estate owned and operated by or real estate on which an easement to maintain roadways or a covenant to maintain roadways is held by a nonprofit corporation or unincorporated association of owners, that is created for the purpose of managing, maintaining or improving the property and in which the
owners of separately owned lots, parcels or units are mandatory members and are required to pay assessments to the association for these purposes…. - 10 Ariz. Rev. Stat. § 10-1403
-
3. If dissolution was approved by the shareholders, both: (a) The number of votes entitled to be cast on the proposal to dissolve. (b) Either the total number of votes cast for and against dissolution or the total number of undisputed votes cast for dissolution and a statement that the number cast for dissolution was sufficient for approval. 4. If voting by voting groups was required, the information required by paragraph 3 of this subsection shall be separately provided for each voting group entitled to vote separately on the plan to dissolve.
Source Link
