Arizona HOA Laws

Arizona HOA Laws

Last Updated: January 24, 2023

In Arizona, certain planned communities are managed by a homeowners association (HOA). The laws governing HOAs in Arizona are set forth by various local and state regulations, as well as by each individual HOA’s governing documents.

Who Regulates HOAs in Arizona?

In Arizona, an HOA is regulated by the Arizona Planned Communities Act found at Title 33 Chapter 16 of the Arizona Code. This Act applies to all common interest communities (condominiums, cooperatives, and other planned communities) created in Arizona.

An HOA is also regulated by its own governing documents. Although every HOA is different, the governing documents typically include: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions, and other rules and regulations.

HOAs in Arizona may also be subject to applicable federal laws such as:

HOAs may also be subject to certain state laws such as:

How to Find HOA Regulations in Arizona

HOA governing documents are public record in Arizona. An HOA must record its governing documents with the county land records to be enforceable. To obtain these documents visit the local county clerk’s office or website, such as the Maricopa County Recorder’s Website, and search for an HOA’s name.

In some instances, one can also obtain certain records online by using the Arizona Corporation Commission Entity Search, such as an HOA’s name, status, approval date, and annual reports.

HOA Powers in Arizona.

In Arizona, an HOA has the power to:

  • Collect assessments for common expenses
  • Impose charges for late payments of assessments
  • Regulate common areas
  • Collect charges to maintain and operate the common areas
  • Levy reasonable fines
  • Foreclose on a house for unpaid liens

Additionally, HOA governing documents can grant further powers such as restrictions on home ownership, exterior paint colors, fencing and parking requirements.

Can an HOA Impose Fines on a Homeowner in Arizona? 

In Arizona, an HOA can impose fines on a homeowner for violating its rules. An HOA can also impose reasonable charges for the late payment of assessments. In both cases, an HOA must provide the homeowner with notice and an opportunity to be heard.

An HOA can charge the greater of either $15 or 10% of the amount unpaid for late fees. A payment is considered late after 15 days.  If a homeowner is in violation of the governing documents, an HOA can impose reasonable fines, and in some cases, collect attorney fees for any legal proceedings.

An HOA cannot fine a homeowner for (or generally prohibit) any of the following:

  • Displaying the American flag or U.S. Military flag so long as the flag is displayed in a manner consistent with federal flag display law
  • Displaying the Arizona state flag
  • Displaying an Arizona Indian nations flag
  • Displaying the Gadsden flag
  • Installing solar energy panels
  • Installing satellite dishes and antennas

An HOA’s governing documents can include reasonable rules and regulations regarding the placement and manner of display of these flags, solar energy panels, and satellite dishes and antennas.

Can an HOA Take a Homeowner’s House in Arizona?

An HOA can foreclose on a homeowner’s house in Arizona for unpaid liens if the homeowner has been delinquent in payment for at least a year or the total late fees equals at least $1,200 (not including late fees, collection fees, or attorney fees).

An HOA cannot foreclose without first mailing notice to the homeowner and giving the homeowner a chance to pay the debts. The HOA must provide the delinquent homeowner with at least 30 days to pay the debt.

If the debt isn’t paid within 30 days, the HOA must file a lawsuit for a foreclosure and follow the same legal process that a mortgage lender would to foreclose on a house.

An HOA cannot evict a homeowner or a tenant of a homeowner unless it is expressly authorized in the governing documents. The HOA also does not have the power to force a homeowner to evict their tenant. However, the HOA may have other powers or restrictions about rental properties in its governing documents.

 Can an HOA Enter a Homeowner’s Property in Arizona?

In Arizona there is no provision in the law that allows an HOA to enter a homeowner’s property. However, most governing documents contain a provision allowing an HOA to enter a homeowner’s house as reasonably necessary to maintain units, common elements, or shared utilities.

Units are solely used by the property owners, but have certain spaces that require maintenance by the HOA, such as balconies. Common elements are the shared spaces in and around the house that are collectively owned by the HOA, such as a pool.  Shared utilities may include water or sewage that are provided directly through the HOA.

Except in the case of an emergency, the HOA must generally give prior notice before entering a homeowner’s property. Typically, an HOA will give 1-2 weeks’ notice, but notice requirements are determined by the governing documents.

Where Do Homeowners File Complaints Against Their HOA in Arizona?

The venue for filing a Complaint against an HOA in Arizona depends on the complaint.

For complaints concerning HOA fees, a homeowner can file a complaint with the Attorney General’s Office, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state or federal court within one year of the violation date.

If a homeowner feels they are a victim of housing discrimination, they can file a complaint with the U.S. Department of Housing and Urban Development, or file a private lawsuit in Arizona federal or state court.

Otherwise, a homeowner can also bring a claim in state court in the appropriate county.

Joining and Leaving an HOA in Arizona

In Arizona, if a person purchase a home in a neighborhood with a preexisting HOA, they are required to join and abide by the HOA rules. The homeowner should be presented with documents explaining the HOA and its rules at the closing of their home purchase.

If a person bought a house in a neighborhood with an HOA, they cannot simply leave or opt-out of the HOA. To leave an HOA, a homeowner can sell their house or try to petition the HOA to have their home removed. However, there is no guaranteed right the petition will be granted.

How to Dissolve an HOA in Arizona

The process for dissolution of an HOA in Arizona can be found in the HOA’s governing documents. If it is not, the board members of the HOA must propose dissolution to the members of the HOA.

For a proposal to dissolve to be adopted, all of the following must occur:

  • The board of directors must recommend dissolution to the members
  • The members entitled to vote must approve the proposal to dissolve
  • Each person whose approval is required by the governing documents for dissolution must approve the plan in writing

Unless the governing documents state otherwise, a majority of the votes cast or a majority of the voting power, whichever is less, must approve the proposal to dissolve.

If approved, the agreeing members will sign a termination agreement, settle any debts, dispose of assets belonging to the HOA, and file the necessary documentation, such as Articles Of Dissolution, with the Arizona Corporate Commission to complete the dissolution.