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Fines & Violations · Arizona

A.R.S. 33-1803

Assessment limitation; penalties; notice to member of violation

Official text ↗ Checked against the official source on 2 November 2026

At a glance

Notice before a fine
Notice is required before imposing a monetary penalty.
“After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties”
Hearing before a fine
An opportunity to be heard is required before imposing a penalty.
“After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members”
Who decides
The board of directors imposes monetary penalties.
“the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association.”
Late fee on penalties
Cannot exceed the greater of 15 dollars or 10 percent.
“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.”

Each fact is shown with the exact words of the statute it comes from. Your association's governing documents may also apply.

Plain-English guide

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.

Read the guide

Official text

Copy retrieved from www.azleg.gov. Always rely on the official source for the current version.

Show the full text of A.R.S. 33-1803
33-1803. Assessment limitation; penalties; notice to member of violation 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 reasonable charges for the late payment of assessments. A payment by a member is deemed late if it is unpaid fifteen or more days after its due date, unless the community documents provide for a longer period. 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 and may be imposed only after the association has provided notice that the assessment is overdue or provided notice that the assessment is considered overdue after a certain date. Any monies paid by the member for an unpaid assessment shall be applied first to the principal amount unpaid and then to the interest accrued. B. After notice and an opportunity to be heard, the board of directors may impose reasonable monetary 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. Notice pursuant to this subsection shall include information pertaining to the manner in which the penalty shall be enforced. C. A member who receives a written notice that the condition of the property owned by the member is in violation of the community documents without regard to whether a monetary penalty is imposed by the notice may provide the association with a written response by sending the response by certified mail within twenty-one calendar days after the date of the notice. The response shall be sent to the address identified in the notice. D. 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 that shall provide at least the following information unless previously provided in the notice of violation: 1. The provision of the community documents that has allegedly been violated. 2. The date of the violation or the date the violation was observed. 3. The first and last name of the person or persons who observed the violation. 4. The process the member must follow to contest the notice. E. Unless the information required in subsection D, paragraph 4 of this section is provided in the notice of violation, the association shall not proceed with any action to enforce the community documents, including the collection of attorney fees, before or during the time prescribed by subsection D of this section regarding the exchange of information between the association and the member and shall give the member written notice of the member's option to petition for an administrative hearing on the matter in the state real estate department pursuant to section 32-2199.01. At any time before or after completion of the exchange of information pursuant to this section, the member may petition for a hearing pursuant to section 32-2199.01 if the dispute is within the jurisdiction of the state real estate department as prescribed in section 32-2199.01.

The same topic in other jurisdictions

Arizona · A.R.S. 33-1242 British Columbia · Strata Property Act, s. 130 British Columbia · Strata Property Act, s. 132 Florida · Fla. Stat. 720.305 Florida · Fla. Stat. 718.303 Illinois · 765 Ill. Comp. Stat. 605/9.2 Oregon · Or. Rev. Stat. 94.630 Pennsylvania · 68 Pa.C.S. 5302 Texas · Tex. Prop. Code 209.006 Texas · Tex. Prop. Code 209.0061 Texas · Tex. Prop. Code 82.102 Virginia · Va. Code 55.1-1819 Washington · Wash. Rev. Code 64.38.020 Compare fines & violations laws side by side →

This page is general legal information, not legal advice, and Harrington Community is not a law firm. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.

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