Arizona HOA Resale Disclosure: A.R.S. 33-1806

What the law covers

This statute applies to planned communities. If the community has fewer than fifty properties, the member must electronically transmit or deliver the required information to the purchaser or the purchaser's designated agent within ten days after acceptance of the purchaser's offer to purchase. If the community has fifty or more properties, the member must give the association a written notice of acceptance containing the purchaser's name, email address, and mailing address. The association must then electronically transmit or deliver the required information to the purchaser or designated agent within ten days after receipt of that notice. The association's governing documents and later amendments may also apply.

Key requirements and limits

The association must provide documents including current bylaws and rules, the declaration and final plat, board-approved minutes for the previous three open meetings, a dated statement with contact information and assessment details, the operating budget, the most recent audit or review, the most recent reserve study if any, a summary of pending lawsuits, a declarant control statement, and a purchaser acknowledgment statement. Information is based on good faith reliance on association records without independent investigation. A purchaser or seller damaged by a knowing or reckless failure to disclose, or by materially false or misleading statements, may pursue remedies at law or in equity, including reasonable attorney fees as awarded by the court. The association may charge an aggregate fee of not more than $400, a rush fee of not more than $100 for services within seventy-two hours, and a document update fee of not more than $50 if thirty days or more have passed since the original disclosure report. Fees may be collected not earlier than at the close of escrow and only once per transaction. An association that charges or collects a fee in violation of this section is subject to a civil penalty of not more than $1,200. This section applies to a managing agent acting on behalf of the association. Exemptions include sales with a public report under section 32-2183 or 32-2197.02, sales under section 32-2181.02, and certain conveyances by recorded deed bearing an exemption listed in section 11-1134, subsection B, paragraph 3 or 7.

Notice, hearing and deadlines

For communities with fewer than fifty properties, delivery is due within ten days after acceptance of the purchaser's offer to purchase. For communities with fifty or more properties, delivery is due within ten days after receipt of the member's written notice of a pending purchase offer. Rush services must be performed within seventy-two hours after the request for rush services. A member may request an update if thirty days or more have passed since the date of the original disclosure report. If a report is provided in summary format, the purchaser may request the entire report, and the association must provide access within ten days after a written request.

Practical checklist for homeowners

Confirm whether your planned community has fewer than fifty or fifty or more properties, because this determines who delivers the disclosure. Ask for a copy of the current bylaws, rules, declaration, budget, and financial statements. Keep copies of all notices and requests. Request the full report if you receive only a summary. Verify any fee amount before paying. Check the official text for updates.