Arizona title teams: A.R.S. § 33-1260 / 33-1806 HOA disclosure rules

What A.R.S. § 33-1260 and § 33-1806 require

Arizona's HOA disclosure framework is bifurcated by property type. A.R.S. § 33-1260 applies to condominiums governed by the Arizona Condominium Act (A.R.S. Title 33, Chapter 9), while A.R.S. § 33-1806 applies to planned communities under the Arizona Planned Communities Act (A.R.S. Title 33, Chapter 16). Both statutes share nearly identical language for resale disclosures, but title teams must confirm which chapter governs the subject property before ordering documents.

The statutes require that certain information be delivered to the purchaser or the purchaser's authorized agent before closing. The goal is to ensure buyers understand the financial, legal, and operational conditions of the community before they are bound by the purchase contract. For title teams, this means the disclosure packet is not optional paperwork—it is a statutory prerequisite that affects the buyer's right to cancel and the association's right to collect unpaid assessments.

Both statutes are enforced by the Arizona Department of Real Estate (ADRE), which has authority to investigate complaints, impose civil penalties, and refer matters for administrative hearings. Title teams should document every request, response, and fee dispute to support potential ADRE complaints or civil claims.

The disclosure timeline

Arizona's disclosure timeline depends on the size of the community, and the distinction matters.

For planned communities with fewer than 50 units, A.R.S. § 33-1806(A) requires the seller or member to mail or deliver the disclosure packet to the purchaser or the purchaser's authorized agent within 10 days after receipt of a written notice of a pending sale that contains the name and address of the purchaser. The seller is responsible for assembling and transmitting the packet.

For planned communities with 50 or more units, the statute shifts responsibility to the association. The seller must provide written notice of the pending sale to the association, and the association must then mail or deliver the disclosure packet to the purchaser or the purchaser's agent within 10 days after receipt of that notice. The notice must include the name and address of the purchaser.

The same 10-day structure applies to condominiums under A.R.S. § 33-1260(A), with the identical unit threshold determining whether the seller or the association delivers the packet. Title teams must verify the community's unit count at the outset of the transaction to know who bears the delivery obligation.

Unlike Nevada's 90-day validity period, Arizona law does not specify an expiration for the disclosure packet itself. However, A.R.S. § 33-1806(C) allows an update fee of up to $50 if 30 or more days have passed since the original disclosure was delivered. Title teams should treat 30 days as the practical refresh window and order updates if the closing calendar extends beyond that point.

Mandatory contents of the Arizona disclosure packet

The 2024 amendments through HB 2397 significantly expanded the contents of the Arizona disclosure packet. Under A.R.S. § 33-1806(A) and § 33-1260(A), the packet must now include all of the following in either paper or electronic format:

• A copy of the current bylaws and the current rules of the association.
• A copy of the current declaration and final plat (or an electronic copy of the final plat).
• A copy of the board-approved minutes from the previous three open meetings.
• A dated statement containing: the telephone number and address of a principal contact for the association; the amount of common regular assessments and any unpaid assessments, special assessments, or other fees currently due from the selling member; a statement as to whether a portion of the unit is covered by insurance maintained by the association; the total amount of money held by the association as reserves; and a statement as to whether the association's records reflect any alterations or improvements to the unit that violate the declaration.
• A copy of the current operating budget of the association.
• A copy of the most recent annual audit, review, or compilation report.
• A copy of the most recent reserve study of the association.
• A statement summarizing any pending lawsuits, including the amount of money claimed.

Title teams should pay special attention to the alterations and improvements disclosure. The association is only obligated to report violations reflected in its records and is not required to provide information about alterations that occurred more than six years before the proposed sale. However, the seller remains independently obligated to disclose violations that are apparent at the time of purchase. Escrow officers should flag any discrepancy between the association's statement and a visual inspection of the property.

Fee limits and rush charges

Arizona imposes strict fee caps that title teams must verify on every transaction. Under A.R.S. § 33-1806(C) and § 33-1260(C), the association may charge the seller an aggregate fee of not more than $400 to compensate the association for the costs incurred in the preparation and delivery of the disclosure packet, lien estoppel, and any other services related to the transfer or use of the property.

The statute permits three additional fee categories:

• Rush fee: Up to $100 if rush services are required to be performed within 72 hours after the request.
• Update fee: Up to $50 if 30 days or more have passed since the date of the original disclosure statement or the date the documents were delivered.
• Format neutrality: The association may charge the same fee regardless of whether documents are furnished in paper or electronic format.

Crucially, A.R.S. § 33-1806(D) and § 33-1260(D) state that fees must be collected no earlier than the close of escrow and may only be charged once to the member for that transaction. Associations cannot demand upfront payment, charge duplicate fees, or impose charges not specifically authorized by the statute. Title teams should verify that the escrow instructions reflect this timing and that no unauthorized fees appear on the closing statement.

Who is responsible for delivery

The delivery responsibility in Arizona depends on community size. For communities with fewer than 50 units, the seller or member must deliver the packet. This means title teams working on small condominium conversions, boutique townhouse projects, or rural planned communities must ensure the seller has obtained the documents and transmitted them to the buyer within the 10-day window.

For communities with 50 or more units, the association assumes delivery responsibility. The seller's obligation is limited to providing written notice of the pending sale to the association. Title teams should confirm that the notice includes the purchaser's name, email address, and mailing address, because the association's 10-day clock does not start until it receives complete contact information.

In practice, many Arizona title companies order the disclosure packet directly from the association or its management company, regardless of which party is statutorily responsible. This ensures the packet is complete, the fees are correct, and the timeline is documented. If the seller attempts to deliver the packet independently, title teams should still verify that every required document is included and that the packet reflects the current budget and reserve study.

What escrow officers must verify

Arizona escrow officers should treat the disclosure packet as a controlled document with its own verification protocol. The following checklist aligns with A.R.S. § 33-1806 and § 33-1260 and should be completed before scheduling closing:

• Confirm the governing statute. Verify whether the property is a condominium (§ 33-1260) or a planned community (§ 33-1806) and whether the community has fewer or more than 50 units.
• Document the request date. Record when the written request or notice of pending sale was submitted to the association. This starts the 10-day delivery clock.
• Verify the packet contents against the statutory list. Check for bylaws, rules, declaration, final plat, board minutes, dated statement, operating budget, audit, reserve study, and pending litigation summary.
• Validate the fee. Ensure the total fee does not exceed $400 plus any applicable rush or update fees. Reject unauthorized charges.
• Confirm fee timing. Verify that the HOA fee is scheduled for collection at closing, not upfront.
• Review the dated statement for unpaid assessments. Cross-reference the amounts against the title commitment and the seller's affidavit.
• Check the reserve study date. The statute requires the "most recent" reserve study. If the study is more than three years old, flag it for lender review.
• Calendar the buyer's cancellation period. Do not schedule closing until the five-day review window has expired.

Escrow officers should also verify that the association's principal contact information is current. Outdated management company information is a common source of delay in Arizona transactions.

Penalties for non-compliance

Arizona associations that violate the disclosure statutes face both civil penalties and transactional consequences. Under A.R.S. § 33-1806(D) and § 33-1260(D), an association that charges or collects a fee in violation of the statute is subject to a civil penalty of not more than $1,200. The penalty is imposed per violation, meaning repeated overcharges can result in cumulative liability.

At the transactional level, A.R.S. § 33-1806(F) and § 33-1260(F) provide that failure to furnish the required statement to an escrow agent within the time provided extinguishes any lien for any unpaid assessment then due. This is a powerful remedy for buyers and a significant risk for associations. If the association misses the 10-day window and the property is in escrow, the association loses its lien priority for the unpaid amount disclosed in the missing statement.

Title teams should document any association delay carefully. If the 10-day deadline passes without delivery, notify the association in writing that its lien may be extinguished under statute. This written notice often accelerates compliance. If the association still does not respond, the title company may proceed to close with the unpaid assessment removed from the payoff, subject to lender approval.

The buyer's right to cancel

Arizona purchasers have a five-day right to cancel the contract after receipt of the disclosure packet. This right is independent of any contractual contingencies and cannot be waived by the buyer. The five-day period runs from the date the buyer receives the complete packet, not from the date the contract was signed.

If the seller or association fails to deliver the packet at all, the buyer may cancel the contract at any time before closing without penalty. The seller must then return any deposits promptly. Title teams should confirm in writing that the buyer has received the packet and has had the full five days to review it before scheduling the closing appointment.

In practice, many Arizona purchase contracts incorporate the statutory five-day period into the inspection contingency. Title teams should not assume the contract language supersedes the statute. The statutory right is absolute, and closing before the period expires exposes the seller to rescission claims and the title company to potential errors-and-omissions exposure.

How to calculate the disclosure clock

Calculating the Arizona disclosure timeline requires attention to three dates:

• Day 0: The date the written notice of pending sale (for 50+ unit communities) or the written request (for under-50 unit communities) is received by the responsible party.
• Days 1-10: The statutory delivery window. The packet must be mailed or delivered within this period.
• Days 11-15: The buyer's cancellation period, assuming the packet was delivered on day 10. Closing cannot occur before this window closes.

Title teams should build this timeline into every Arizona HOA file. A practical rule is to order the disclosure packet no later than the day the purchase contract is executed. This ensures the 10-day delivery window closes before the inspection period ends and gives the buyer the full five days to review without compressing the closing calendar.

If the transaction involves a rush fee, confirm that the association defines "72 hours" as three business days or three calendar days. The statute does not specify, and management companies interpret this differently. Document the interpretation in the file to avoid disputes if the association misses its self-imposed rush deadline.

Common Arizona-specific issues

Phoenix retirement communities

The Phoenix metropolitan area has one of the highest concentrations of age-restricted communities in the United States. Communities in Sun City, Sun City West, and Mesa require buyers to meet minimum age requirements, and the disclosure packet must include any age restriction enforcement policies. Title teams should verify that the buyer qualifies under the community's age rules before ordering documents, because a disqualification discovered after disclosure wastes time and fees.

Scottsdale golf communities

Scottsdale's golf communities often carry special assessments for course maintenance, clubhouse renovations, or irrigation upgrades. These assessments may not appear on the standard operating budget if they were approved after the budget was adopted. Title teams should specifically ask the association whether any pending or recently approved special assessments affect the property, and request board minutes beyond the statutory three-meeting minimum if necessary.

Tucson desert landscaping

Tucson-area HOAs frequently enforce strict desert-landscaping and water-use restrictions. While A.R.S. § 33-1260 and § 33-1806 do not require specific landscaping disclosures, the alteration/improvement disclosure may reveal violations if a prior owner installed non-compliant turf or irrigation. Title teams should review this section carefully and, if violations are noted, confirm whether the seller has cured them or whether the buyer will assume responsibility.

Mixed-use developments

Downtown Phoenix, Tempe, and Tucson have seen significant growth in mixed-use condominiums with commercial ground-floor units and residential units above. These properties may be governed by both A.R.S. § 33-1260 and additional commercial association rules. Title teams must confirm whether the residential unit is subject to a master association with separate disclosure requirements and fee structures.

Recent legislative updates

Arizona's legislature significantly amended the disclosure statutes in 2024 through HB 2397. The amendments, which apply to both condominiums and planned communities, made four material changes that title teams must understand:

• Expanded packet contents. The 2024 amendments added board-approved minutes from the previous three open meetings, the most recent annual audit or review, the most recent reserve study, and a summary of pending lawsuits with claimed amounts. These items were not previously required in the statutory packet.
• Electronic delivery mandate. For communities with 50 or more units, the association must now electronically transmit or deliver the disclosure packet. Paper-only delivery is no longer compliant for large communities unless the purchaser specifically requests paper.
• Final plat inclusion. The packet must now include a copy of the final plat or an electronic copy. This ensures buyers understand the exact boundaries and common elements of the community.
• Fee enforcement clarification. HB 2397 restated that fees may only be collected at close of escrow and reinforced the $1,200 civil penalty for violations.

Title teams should confirm that their document vendors and association contacts are operating under the amended statutes. Some smaller associations with volunteer boards may not yet be aware of the new requirements, and proactive education prevents last-minute packet rejections.

Arizona HOA disclosure requirements checklist

Requirement	Statutory Citation	Details
Delivery timeline (<50 units)	A.R.S. § 33-1806(A)	Seller delivers within 10 days of written notice of pending sale
Delivery timeline (50+ units)	A.R.S. § 33-1806(A)	Association delivers within 10 days of written notice with purchaser contact info
Base fee cap	A.R.S. § 33-1806(C)	$400 aggregate for disclosure, estoppel, and transfer services
Rush fee	A.R.S. § 33-1806(C)	Up to $100 if delivery required within 72 hours
Update fee	A.R.S. § 33-1806(C)	Up to $50 if 30+ days since original disclosure
Fee collection timing	A.R.S. § 33-1806(D)	No earlier than close of escrow; charged once per transaction
Civil penalty	A.R.S. § 33-1806(D)	Up to $1,200 for fee violations
Lien extinguishment	A.R.S. § 33-1806(F)	Failure to provide statement to escrow agent within time extinguishes lien for unpaid assessments
Buyer cancellation right	A.R.S. § 33-1806	5 days after receipt of disclosure packet
Required contents	A.R.S. § 33-1806(A)	Bylaws, rules, declaration, final plat, board minutes, dated statement, budget, audit, reserve study, pending litigation summary
Condominium equivalent	A.R.S. § 33-1260	Identical requirements and fee structure for condominium associations
Oversight body	A.R.S. Title 33	Arizona Department of Real Estate (ADRE)

Frequently Asked Questions

What is the Arizona HOA disclosure timeline under A.R.S. § 33-1806?

For planned communities with fewer than 50 units, the seller must deliver the disclosure packet within 10 days after accepting the purchaser's offer. For communities with 50 or more units, the association must deliver the packet within 10 days after receiving written notice of the pending sale that includes the purchaser's name, email, and mailing address.

What is the maximum fee an Arizona HOA can charge for a resale disclosure packet?

A.R.S. § 33-1806(C) and § 33-1260(C) cap the aggregate fee at $400 for resale disclosure, lien estoppel, and any other transfer-related services. An additional rush fee of up to $100 is permitted for delivery within 72 hours, and an update fee of up to $50 is allowed if 30 or more days have passed since the original disclosure.

Who is responsible for delivering the HOA disclosure packet in Arizona?

For communities with fewer than 50 units, the seller or member is responsible for delivering the packet. For communities with 50 or more units, the association must deliver the packet directly to the purchaser or the purchaser's designated agent.

What happens if an Arizona HOA charges more than the statutory fee cap?

Under A.R.S. § 33-1806(D) and § 33-1260(D), an association that charges or collects a fee in violation of the statute is subject to a civil penalty of not more than $1,200. Title teams should dispute unauthorized fees and may file a complaint with the Arizona Department of Real Estate.

Does Arizona give buyers a right to cancel based on HOA disclosures?

Yes. Arizona purchasers have a five-day right to cancel the contract after receipt of the disclosure packet. If the association fails to deliver the packet, the buyer may cancel without penalty at any time before closing.

What documents must be included in an Arizona HOA disclosure packet?

The packet must include the bylaws and rules, declaration and final plat, board-approved minutes from the previous three open meetings, a dated statement with assessment and contact information, the current operating budget, the most recent annual audit or review, the most recent reserve study, and a summary of pending lawsuits.

When can an Arizona HOA collect disclosure fees?

A.R.S. § 33-1806(D) and § 33-1260(D) state that fees must be collected no earlier than the close of escrow and may only be charged once per transaction. Associations cannot demand upfront payment before closing.

Key Takeaways

Arizona's A.R.S. § 33-1260 and § 33-1806 create a detailed, enforceable framework for HOA disclosures. Title teams that master these rules avoid delays, fee disputes, and buyer cancellation risks.

• The 10-day timeline is statutory and strict. Track the request date and hold the association or seller accountable for on-time delivery.
• Fees are capped at $400 aggregate. Rush and update fees are permitted but must be documented. Dispute any unauthorized charge.
• Delivery responsibility depends on community size. Under 50 units: seller delivers. Over 50 units: association delivers. Verify the unit count at intake.
• Failure to deliver extinguishes the lien. If the association misses the 10-day window, unpaid assessments may be wiped from the title.
• The five-day buyer cancellation right is absolute. Do not schedule closing until the review period has expired.
• HB 2397 expanded the packet contents. Verify that board minutes, audits, reserve studies, and pending litigation summaries are included.
• Fees cannot be collected before closing. Escrow officers should reject any demand for upfront payment and schedule HOA fees for the closing statement.

For a broader overview of Arizona HOA requirements, see our Arizona HOA document requirements guide. If you are closing in Maricopa County, our Phoenix HOA document guide covers local retirement community and master-planned community issues in detail.