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Fines & Violations

Arizona HOA Assessment Limits & Penalties: A.R.S. 33-1803

Overview of Arizona statute A.R.S. 33-1803 governing HOA regular assessment limits, late fee caps, monetary penalties, violation notice requirements, and written response timelines.

Harrington Editorial Team Checked against the official text on 3 min read
Key facts and full text of A.R.S. 33-1803 Read A.R.S. 33-1803 on the official site

What the law covers

Arizona Revised Statutes Section 33-1803 establishes rules regarding regular assessment increases, late charges, monetary penalties for community document violations, and procedures for written notices of violation. Note that the association's governing documents and later amendments may also apply if they set lower limits or longer time periods.

Key requirements and limits

The statute outlines specific financial caps and rules for associations:

  • Regular Assessments: An association cannot increase regular assessments by more than twenty percent above the previous fiscal year's assessment without approval from a majority of the members, unless community documents mandate a lower limit.
  • Assessment Late Fees: Charges for late payments are limited to the greater of fifteen dollars or ten percent of the unpaid assessment. A payment is considered late if unpaid fifteen or more days after its due date (unless documents grant longer). Late charges require prior notice that the assessment is overdue or will be considered overdue after a set date.
  • Application of Payments: Monies paid for an unpaid assessment or penalty must be applied first to the principal unpaid amount and second to accrued interest.
  • Monetary Penalties: After notice and an opportunity to be heard, the board may impose reasonable monetary penalties for violations. Late charges on penalties cannot exceed the greater of fifteen dollars or ten percent of the unpaid penalty.

Notice, hearing and deadlines

When an association sends written notice of a property condition violation:

  • Member Response: The homeowner may respond in writing by certified mail within twenty-one calendar days after the date of the notice.
  • Association Explanation: Within ten business days after receiving the certified mail response, the association must provide a written explanation that includes: the specific provision allegedly violated, the date of observation, the first and last name of the observer, and the process to contest the notice.
  • Enforcement Restrictions: Unless contest process information was included in the original notice, the association cannot proceed with enforcement actions or attorney fee collections during the specified exchange period. The association must also provide written notice of the member's option to petition for an administrative hearing with the state real estate department pursuant to section 32-2199.01.

Practical checklist for homeowners

  • Read your community's governing documents and any later amendments to understand specific local rules and limits.
  • Keep copies of all written notices received from the association, including postmarks and dates.
  • Send any violation responses by certified mail to the address listed on the notice within twenty-one calendar days.
  • Keep certified mail receipts and delivery confirmation records.
  • Check the official text for updates or changes regarding administrative hearing procedures under section 32-2199.01.

Source

A.R.S. 33-1803, official text
“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.”
“Charges for the late payment of assessments are limited to the greater of fifteen dollars or ten percent of the amount of the unpaid assessment”
“Within ten business days after receipt of the certified mail containing the response from the member, the association shall respond to the member with a written explanation regarding the notice”

Frequently asked questions

How much can an HOA raise regular assessments each year in Arizona?

Without majority member approval, an association cannot raise regular assessments by more than twenty percent over the immediately preceding fiscal year's assessment, unless community documents set a lower limit.

What is the maximum late charge for an unpaid assessment?

Late charges are limited to the greater of fifteen dollars or ten percent of the amount of the unpaid assessment.

How long does a homeowner have to respond to a written property violation notice?

A homeowner may send a written response by certified mail within twenty-one calendar days after the date of the notice.

How quickly must the HOA respond to a homeowner's certified letter response?

The association must respond in writing within ten business days after receiving the certified mail response from the member.

This page is general legal information, not legal advice, and Harrington Community is not a law firm. Statutes are amended over time and your association's governing documents may also apply. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.

Arizona HOA Declaration Amendments and Design Review: A.R.S. 33-1817 Arizona HOA Solar Devices: A.R.S. 33-1816 Arizona HOA/Condo Board Removal: A.R.S. 33-1813 Arizona HOA Common Expense Liens: A.R.S. 33-1807

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