Arizona HOA laws: A 2025 guide

Key Arizona HOA laws

Arizona HOA law is primarily based on Title 33, Chapter 16 of the Arizona Revised Statutes (ARS), which outlines responsibilities for homeowners associations across the state. These statutes regulate issues such as assessments, meetings, disclosures, fines, and board responsibilities:

• Assessment and late fees (ARS §33-1803): HOAs may collect assessments but must cap late fees at $15 or 10% of the unpaid amount, whichever is greater.
   
• Fines and hearings (ARS §33-1803): Before imposing fines, the HOA must issue a written notice and give the homeowner an opportunity for a hearing.
   
• Open meetings (ARS §33-1804): Boards must provide at least 48 hours’ advance notice of open meetings, along with an agenda.
   
• Document access (ARS §33-1805): Homeowners have the right to request and inspect financial records and governing documents within set timeframes.
   
• Parking rules (ARS §33-1818): HOAs whose declarations were recorded before 2015 may no longer enforce parking restrictions on public roads in their community unless the membership votes to maintain that authority by June 30, 2025. If no vote is held, the HOA may lose enforcement power in this area.
   
• Fair Housing Act (42 U.S.C. §3601 et seq.): HOAs must comply with federal law, which prohibits discrimination based on protected classes such as race, color, religion, sex, national origin, disability, and familial status.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Governing documents explained

Governing documents are the foundation of any HOA and typically include the articles of incorporation, declaration (or CC&Rs), bylaws, and rules and regulations. Arizona HOA laws recognize these as binding contracts between the association and homeowners:

• Articles of incorporation: This document formally establishes the HOA as a nonprofit corporation. It typically includes the association’s legal name, purpose, and basic corporate structure.
   
• Declaration (or CC&Rs): Outlines the core responsibilities and restrictions that apply to properties in the community. This document is recorded with the county.
   
• Bylaws: Define how the HOA operates internally, including how the board of directors is elected, how meetings are held, and how votes are conducted. They work alongside Arizona HOA laws to guide board procedures.
   
• Rules and regulations: Day-to-day policies adopted by the board to help maintain order and consistency in the community. These are more flexible than bylaws and CC&Rs and can often be modified by the board without requiring a homeowner vote, provided proper procedures are followed. Boards must not exceed the authority granted by the governing documents when implementing or enforcing new rules.

These documents must be interpreted and applied in a manner consistent with Arizona law. If conflicts arise between documents (e.g., between the bylaws and CC&Rs), the hierarchy of authority usually places the recorded declaration at the top, followed by the bylaws, then board-adopted rules. Arizona HOA laws typically require associations to provide access to these records, often within 10 business days of a written request.
 

How rules are enforced in Arizona HOAs

Rule enforcement in Arizona HOAs must follow procedures outlined in both the association's governing documents and Arizona HOA laws. When a homeowner is believed to be in violation of a rule, the HOA typically must first provide written notice, describe the alleged violation, and offer an opportunity for the homeowner to be heard. These hearings are usually conducted by the board or a designated committee, and they must be documented.

After the hearing, if the board determines a violation occurred, they may have the authority to impose a fine within the limits set by law. While there is no statewide dollar cap on violation fines, state law does cap late‑payment fees for delinquent assessments at the greater of $15 or 10 percent of the unpaid amount.

Rule enforcement should be consistent. When one resident is penalized for a violation and another isn’t, trust in the board can erode and rules can become unenforceable. Boards are encouraged to document all enforcement actions, including relevant communications with the homeowner and any decisions made.

HOAs also have tools beyond fines, including suspending access to certain common areas (if allowed by the governing documents). However, the use of these tools must comply with applicable statutes and the association’s governing documents. Boards should consult with their association attorney to support compliance before implementing or enforcing new rules.
 

Dealing with HOA complaints

Arizona HOA complaints must be handled in accordance with both internal policies and Arizona HOA laws. If a homeowner has a concern about rule violations, board conduct, or property issues, the first step is usually to submit a formal written complaint to the board or management company. Arizona HOA laws do not require a specific format for complaints, but many HOAs offer standard forms or portals for submission. The association is expected to acknowledge the complaint and evaluate whether it falls under their jurisdiction.

Once a complaint is received, the board or property manager will typically review the issue and respond within a reasonable timeframe. If the complaint involves board conduct, such as meeting procedures or transparency concerns, boards are expected to respond professionally and document any decisions made in response.

Arizona HOA laws support transparency and due process but stop short of offering a legal remedy for every complaint. Instead, the focus is on internal governance and proper procedure. Homeowners who feel their concerns are not being addressed may consider attending board meetings or submitting feedback through designated channels.

Professional property management companies often assist in fielding homeowner complaints and guiding boards on best practices for resolution.
 

How FirstService Residential supports compliance with Arizona HOA laws

FirstService Residential has helped HOA boards across Arizona streamline meetings, manage records, respond to resident concerns, and stay on top of administrative and compliance requirements. Our team can support the consistent enforcement of community rules and helps boards navigate changes in HOA laws with confidence and clarity.

To learn how we can support your community, contact our team today.