HOA LAWS & REGULATIONS

SOLAR RIGHTS

GOVERNMENT AGENCIES

  • Federal Agencies - List of federal agencies with oversight authority over homeowners' associations.

  • Arizona Department of Real Estate - The Department is responsible for real estate professionals' licensure, education, and discipline, including community managers and property management companies. The Department also administers the Homeowners Association Dispute Process. Homeowners and associations can submit online questions regarding the process.

  • Arizona Attorney General's Office - The attorney general’s office has the authority to investigate alleged violations of the Arizona Civil Rights Act and Fair Debt Collection Practices Act (FDCPA), among other consumer protection matters. Follow the links below to find more information:

  • Arizona Corporation Commission - The Commission regulates nonprofit corporations. Most Arizona condominium and planned community associations are organized as nonprofits and fall under the Arizona Nonprofit Commission's jurisdiction. All domestic corporations, including nonprofits, are required to file annual reports with the Commission disclosing the corporation's business information, including the names and business addresses of its directors and principal officers, the name of the designated agent or management company for the association, the address for the association and the telephone number, e-mail address and website if any and fax number if any of the association or its designated agent or management company. Associations must file an amended statement reflecting changes in the designated agent or management company within thirty days of any change. See A.R.S. § 10-11622 (Annual report).

  • Arizona Department of Housing - The agency offers foreclosure aid to Arizona homeowners helping with mortgage, taxes, and homeowner’s association (HOA) fees.

  • Arizona Association of Realtors - The agency provides real estate license information, forms, real estate directory and administers ethics complaints.

  • Arizona Registrar of Contractors - The agency oversees construction-defect problems, provides a contractor directory, and administers contractor-related complaints.

FIND HOA INFORMATION AND DOCUMENTS

  • Homeowners' Association Directory - Find an association’s contact information, management company, list of active board members, and copies of the articles of incorporation by searching under the subdivision or community name.

  • Association Records and Inspection - After a written request, members of condominium and common interest associations have a statutory right to request, inspect, examine, and make copies of the association records, including all financial records and other records outlined in the applicable statute. However, associations can withhold or redact certain documents—such as closed meeting minutes, documents subject to attorney-client privilege, records relating to disciplinary or collection actions against members, association personnel records, among other records outlined in the applicable statute. See A.R.S. §33-1258 (association financial and other records; applicability) and A.R.S. §33-1805 (association financial and other records) for planned communities. See also A.R.S. §10-11602 (inspection of records by members; applicability) for associations organized as nonprofit corporations.

  • Maricopa Parcel Map - Find legal information for a property or subdivision.

  • Arizona Recorded Document Search - Visit the county recorder's office where the property or association is located to find HOA documents, such as Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments, Bylaws, HOA Notices, Subdivision Maps, Plats, Recorded Land Surveys, Deeds, Deeds of Trust, Liens, and Judgments. An association's declaration must be recorded with the county records to be enforceable.

LEGAL RESOURCES

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.