Arizona HOA Resale Disclosure and Fees: ARS 33-1806 Explained

Quick answer: Under A.R.S. 33-1806, an Arizona HOA with 50 or more lots must deliver a resale disclosure packet to the buyer (or the buyer's agent) within 10 days after the seller gives written notice of an accepted offer. The association can charge the seller no more than $400 in total for resale disclosure, lien estoppel and other transfer services, plus an optional $100 rush fee and a $50 update fee. Fees are collected at close of escrow, only once, and charging anything else risks a civil penalty of up to $1,200. Condominiums follow nearly identical rules in A.R.S. 33-1260.

If you are the treasurer or the person who answers the phone when a title company calls, this is the statute that tells you what to send, how fast, and what you are allowed to bill. Below is a plain-English walkthrough, the exact statutory language on the points that matter most, and a workflow you can hand to a volunteer.

Who has to deliver the packet: the seller or the HOA?

It depends on the size of the community.

For the larger communities, the clock starts when the association gets the seller's notice. The statute spells out what that notice must contain:

For planned communities with fifty or more properties, the member shall provide a written notice to the association of the member's acceptance of the purchaser's offer to purchase that contains the name, email address and mailing address of the purchaser or the purchaser's designated agent.

In a small community, the seller is on the hook, but in practice the seller will still ask the board for most of the documents. Have a standard packet ready so you are not scrambling.

What goes in an Arizona HOA resale disclosure packet

A.R.S. 33-1806(A) lists the required items for planned communities. In summary, the packet must include:

1. Current bylaws and rules.
2. The current declaration and the final plat (or an electronic copy of the plat, if available).
3. Board-approved minutes for the previous three open board meetings.
4. A dated statement with:
5. a principal contact for the association;
6. the annual regular assessment and payment schedule, plus remaining installments on any assessed special assessment;
7. any special assessment approved by the board but not yet assessed, or submitted for member approval within the previous four months;
8. any unpaid assessment lien or judgment lien on the property, and any lis pendens the association recorded;
9. any title transfer fee or similar fee authorized in the declaration;
10. the most recent income and expense financial statement for operating and reserve accounts;
11. any outstanding, unresolved violation cited against the property.
12. The current operating budget.
13. The most recent annual audit, review or compilation report under A.R.S. 33-1810 (a summary is allowed if it runs more than ten pages).
14. The most recent reserve study, if the association has one (again, a summary is allowed if it is long).
15. A summary of pending lawsuits where the association is a named party, other than suits to collect from other owners.
16. Whether the community is under declarant control, and roughly what share of lots the declarant still owns.
17. A notice that the buyer can ask to see any full report that was summarized.
18. The purchaser acknowledgment that the buyer signs at close of escrow (the statute supplies the exact wording; copy it from A.R.S. 33-1806(A)(11) rather than retyping it).
19. If more than one association governs the property, a statement that each association has its own disclosure report and fee.

Two of those items are easy to miss for self-managed boards. First, item 3 requires board-approved minutes, so if your minutes sit in draft for months, the packet will be thin. Second, item 6 points to the annual financial report under 33-1810. If you have not been producing one, fix that before the next sale.

The condo version, A.R.S. 33-1260, adds a few items: known material deficiencies in common or limited common elements that the buyer will be assessed for within six months, insurance certificates showing the association's coverage limits and deductibles, and whether a corporation or LLC owns and leases 35 percent or more of the units.

You do not have to audit your own records

The statute protects associations that report what is in their files:

All information that is provided under subsection A of this section shall be based on the good faith reliance on association records or information, without the need for independent investigation or validation.

That protection has a limit. A buyer or seller who is harmed when the association knowingly or recklessly leaves something out, or gives materially false or misleading information, can sue and recover reasonable attorney fees (A.R.S. 33-1806(C)). Good bookkeeping is the best defense: a clean ledger and a current violation log make the dated statement easy and accurate.

Arizona HOA resale fee limits

This is the part that generates the most calls. Here is the fee language:

The association may charge the member a fee of not more than an aggregate of $400 to compensate the association for the costs incurred in the preparation and delivery of a report or other documents furnished by the association pursuant to this section for purposes of resale disclosure, lien estoppel and any other services related to the transfer or use of the property.

The key word is aggregate. The $400 cap covers the disclosure report, the payoff or lien estoppel letter, and any other transfer-related service combined. You cannot charge $400 for the packet and a separate estoppel or transfer processing fee on top.

A few more rules from subsections D and E:

• The association must make its current fee amounts available to any interested party.
• You may charge the same fee whether you deliver on paper or electronically.
• Fees are collected no earlier than 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.

The rules also apply to a managing agent acting for the association (A.R.S. 33-1806(F)), so a management company's own transfer fees count toward the same limits.

What about a transfer fee in the declaration?

Item 4(e) requires the packet to disclose any title transfer fee or similar fee that the declaration authorizes. Disclosure is not the same as permission to charge it in addition to the $400 cap. Whether a declaration-based transfer fee or working capital contribution is collectible alongside the statutory fee is a question to confirm with your attorney before you bill it.

Sales that are exempt

A.R.S. 33-1806(G) exempts certain transactions, including sales where a subdivision public report is issued under A.R.S. 32-2183 or 32-2197.02, sales under 32-2181.02, and certain conveyances by recorded deed that carry an exemption listed in 11-1134(B)(3) or (7). For those deed exemptions, the new owner still has to send the association the ownership change, billing address and phone number. If you are unsure whether a transfer is exempt, ask the title company which exemption it is relying on and confirm with the statute.

A resale workflow for self-managed boards

1. Keep a ready packet. Store the bylaws, rules, declaration, plat, current budget, latest financial report and reserve study summary in one folder. Update it each time the board adopts a budget or approves minutes.
2. Log the seller's notice. Record the date you received it. The 10-day deadline runs from that date in a 50-plus community.
3. Pull the owner ledger. Confirm assessments, special assessment installments, any lien or judgment, and any lis pendens. Reconcile first; a payoff number from an unreconciled ledger is how errors reach escrow. Our partners at HOA Fiscal have a monthly bank reconciliation checklist that helps here.
4. Check the violation log for open, unresolved violations cited against the lot.
5. Assemble and date the statement, then send it to the purchaser or the purchaser's agent.
6. Invoice through escrow for no more than the allowed fees, payable at close.
7. Update the owner roll when the sale records.

How this fits with the rest of Arizona HOA law

The resale statute is one piece of Title 33. For the broader picture, including what changed this year, see Arizona HOA Laws in 2026. If you manage communities in more than one state, compare Arizona's flat $400 cap with the rules in Florida's estoppel statute and Washington's resale certificate under RCW 64.90.640.

Because the packet requires your three most recent approved minutes, it pays to get minutes approved promptly. Arizona board meeting rules are covered in detail at ARS 33-1804 board meetings.

Resale requests are a lot easier when the books are already current. That is the work we do: Dynamite Management handles the financial side for self-managed associations, including owner ledgers, payoff figures and the financial statements a resale packet requires. Talk to us if your board would like help.

FAQ

How long does an Arizona HOA have to provide resale documents? Ten days. In a community with 50 or more lots, the 10 days run from the association's receipt of the seller's written notice of the accepted offer. In a smaller community, the seller must deliver within 10 days after acceptance of the offer.

What is the maximum resale fee an Arizona HOA can charge? $400 in total for resale disclosure, lien estoppel and other transfer-related services, plus up to $100 for rush service within 72 hours and $50 for an update requested after 30 or more days.

Who pays the Arizona HOA resale disclosure fee? The statute lets the association charge the seller (the member or unit owner), collected no earlier than close of escrow and only once per transaction. The purchase contract may shift costs between buyer and seller, so confirm with the escrow officer.

Does the $400 cap apply to management companies? Yes. Subsection F applies the section to a managing agent acting on behalf of the association.

Do Arizona condos follow the same rules? Very nearly. A.R.S. 33-1260 uses the same 10-day deadline and the same $400, $100 and $50 limits, with a few extra disclosure items such as insurance certificates and known material deficiencies.

This is not legal advice. Statutes change; confirm with the current text of A.R.S. 33-1806 or 33-1260 and your association's attorney before relying on this summary.

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