7 HOA Documents Arizona Sellers Must Deliver to Buyers
What HOA documents does a seller have to provide in Arizona? The association produces the resale disclosure statement, and state law sets both the fee cap and the delivery clock on it.
The seller's job is to start that clock early and to know which papers the buyer still has to ask for.
The seven documents, in short:
1. What is the HOA resale disclosure statement, and who orders it?
Under A.R.S. 33-1806 a planned community association must deliver the resale disclosure statement within ten days of written notice of a pending sale. The written notice is what starts that clock. An association cannot produce a statement for a sale nobody told it about, so the ten days begin on the seller's side of the table.
A strong answer is the written notice going out in the same week the contract is accepted, with escrow copied on it. Ask the escrow officer to confirm the request date in writing, and ask the association for the name of the person handling it.
Assuming the title company already asked is the delay that surfaces in week three. Ten days from the notice is only ten days if somebody actually sends the notice.
2. How much can an HOA charge an Arizona seller for the resale documents?
A planned community association may charge the seller no more than an aggregate of 400 dollars for the resale disclosure statement under A.R.S. 33-1806, and that fee is collected no earlier than close of escrow. Aggregate means the total, not each item. A seller paying a stack of separate document charges up front has paid something the statute already limits.
A strong answer shows the association's charges as line items on the statement of demand and adds them against the cap. Ask a Scottsdale escrow officer for that breakdown before closing figures are signed, not after the wire goes out.
An invoice asking a seller to pay the document fee before closing is worth questioning. The statute sets when the fee is collected, and a fee collected early is a fee nobody checked.
3. Is a condo different from a planned community in Arizona?
A.R.S. 33-1260 sets the same 400 dollar aggregate cap and the same ten day delivery window for condominiums that A.R.S. 33-1806 sets for planned communities. Which statute applies depends on how the community is organized on paper, not on what the building looks like from the street. A townhome can be a condominium.
A strong answer names the statute this property falls under and shows where that is written, usually in the recorded declaration. Ask the association which one it operates under before the request goes out.
An association that says condominiums have no deadline is answering from habit. The delivery window is the same, and a seller who accepts that answer quietly loses the days.
4. What is the HOA transfer fee, and is it capped in Arizona?
A.R.S. 33-442 bans most private transfer fees but exempts fees paid to a homeowners or condominium association. An association may therefore charge a capital contribution or community enhancement fee at resale, and that fee has no statutory dollar cap. It is separate from the capped disclosure fee, so the two should never land on one line.
A strong answer gets the association's full fee schedule in writing early and points to which charge is the capped disclosure fee and which is the uncapped transfer fee. Ask who pays each one, because that part is a contract term rather than a statute.
A single line reading HOA fees on a settlement statement is the one to open up. Rolling a capped fee together with an uncapped fee hides the number that can grow.
5. Do I have to give the buyer the CC&Rs and the community rules?
The recorded declaration and the association's current rules are what tell a buyer what they may build, park and plant. Arizona law limits what those rules can do. A covenant that effectively prohibits installing or using a solar energy device is void, except in instruments executed before 17 April 1980.
A strong answer hands over the current rules, not the packet from the closing years ago. Arizona HB 2342, signed on 6 June 2026, stops associations from banning backyard shade structures such as shade sails, awnings and pergolas, while leaving associations able to regulate style, placement and size.
Handing a buyer a rules document with no amendment date invites a dispute after closing. A buyer who builds on old information, or is told no on old information, calls the seller first.
6. What does an age restricted community have to show a buyer?
A qualifying housing for older persons community must have at least 80 percent of its occupied units occupied by at least one person aged 55 or older. It must publish and follow age verification policies, and it must update that verification at least every two years. Those policies are what keep the community's status intact.
A strong answer is the association's current age verification policy, with the date of its last update. Ask the association when the last verification cycle closed and what documents it accepted, then put the answer in the file before the buyer asks for it.
An association that cannot say when it last verified occupancy is a gap the seller discovers during escrow. Ask early, because that answer takes longer to produce than the rest of the packet.
7. How is the seller's own disclosure different from the HOA packet?
The Seller's Property Disclosure Statement is a form of the Arizona Association of REALTORS, not a state mandated statutory form. Under the Arizona REALTORS resale contract the seller delivers a completed statement within three days of contract acceptance. The HOA packet comes from the association. The disclosure statement comes from the seller, who answers for what is on it.
A strong answer fills in the HOA questions from what the seller actually knows, including any assessment the association has discussed. Ask the agent to compare those answers against the association packet once it lands, and correct anything that does not line up.
Leaving HOA questions blank because the packet will cover it is the shortcut that creates a dispute. The buyer disapproves items on their own notice timeline, and a blank answer is not an answer.
Frequently Asked Questions
Is there a cap on HOA fees in Arizona?
Arizona caps one specific charge. A planned community association may charge a seller no more than an aggregate of 400 dollars for the resale disclosure statement, and A.R.S. 33-1260 sets the same cap for condominiums. A capital contribution or community enhancement fee at resale is allowed separately and carries no statutory dollar cap.
Who pays for the HOA resale documents in Arizona?
The statute caps what an association may charge the seller for the resale disclosure statement and says the fee is collected no earlier than close of escrow. Which party ultimately pays each HOA charge is a contract term the buyer and seller negotiate, so it belongs in the purchase contract.
Does the HOA packet show special assessments?
The association is the source for what it has assessed or is considering, so ask for that in writing. On the seller's side, an assessment the seller already knows about belongs on the Seller's Property Disclosure Statement, which the seller delivers within three days of contract acceptance.
Do Scottsdale HOAs charge a transfer fee at closing?
Arizona law allows it, because A.R.S. 33-442 exempts fees paid to a homeowners or condominium association from the ban on private transfer fees. Whether a specific community charges one is a question for that association. Sold by Samantha works Scottsdale Ranch, McCormick Ranch, Grayhawk, DC Ranch, Silverleaf, Windgate Ranch and greater Scottsdale, and each association sets its own schedule. Ask any of the best real estate agents in Scottsdale to get that schedule before listing.
Does an Arizona seller have to deliver a subdivision public report?
That duty sits with the subdivider, not with a resale seller. A.R.S. 32-2183 requires a subdivider to give each initial buyer a copy of the public report before the buyer signs an offer, and failure to deliver it makes the sale rescindable.
Start the HOA paperwork the week you accept
Sold by Samantha is a real estate team in Scottsdale, Arizona, working Scottsdale Ranch, McCormick Ranch, Grayhawk, DC Ranch, Silverleaf, Windgate Ranch and greater Scottsdale. Sellers comparing Scottsdale realtors before listing an HOA property can call (602) 541-3949 or visit liveitloveitlistit.com to map the document dates against the closing date.
This article is general information about Arizona real estate practice and is not legal advice. How A.R.S. 33-1806, A.R.S. 33-1260 and A.R.S. 33-442 apply to a given community depends on the recorded documents and on the transaction. Confirm details with a licensed Arizona attorney.
