Arizona HOA resale disclosure rules for buyers

Arizona has one of the more concrete resale-disclosure statutes in this first buyer slice. The planned-community version is A.R.S. Sec. 33-1806. The condominium version is A.R.S. Sec. 33-1260. Both require a packet after written notice of a pending sale, but the buyer should still confirm which statute fits the property.

What the buyer should expect

For a planned-community lot, the disclosure packet should include governing documents, a dated association statement, the current operating budget, the most recent annual financial report, the most recent reserve study if one exists, and pending association litigation information.

For a condominium unit, the packet is similar, but the statute speaks in condominium terms: common expense assessments, unit-specific unpaid amounts, association insurance information, reserve money held by the association, and the most recent reserve study if any.

The timing rule is practical. For communities with fewer than 50 units, the seller has the delivery duty. For communities with 50 or more units, the association has the delivery duty after receiving the required written notice of the pending sale.

What to check before closing

1. Ask whether the property is being treated as a planned-community lot under Sec. 33-1806 or a condominium unit under Sec. 33-1260.
2. Compare the regular assessment in the statement against the seller’s listing and escrow numbers.
3. Look for unpaid assessments, special assessments, fees, litigation, and reserve-study language.
4. If the packet says there is no reserve study, ask whether the association has any component list, capital plan, or board minutes discussing major work.
5. Check transfer and rush fees against the statutory fee caps and timing rules.

Request a buyer document check for an Arizona community if the resale packet is missing the budget, financial report, reserve study, or assessment statement.

TODO before indexing

Confirm the current statutory text through a manual browser review because the Arizona Legislature site can block automated plain-text fetches for some pages. The controlling URLs are official, but this page should stay noindex until the exact planned-community and condominium wording has been manually rechecked together.