Arizona · A.R.S. §§33-1803, 33-1242Arizona HOA dues: the 20% cap, late charges and violation notices
Unless the community documents set a lower limit, an Arizona planned-community association may not impose a regular assessment more than 20% greater than the preceding fiscal year's without approval of a majority of the members (A.R.S. §33-1803(A)). The board may impose reasonable late charges unless that power is reserved to the members; a payment is late if unpaid 15 or more days after its due date unless the documents allow longer, and the late charge is limited to the greater of $15 or 10% of the unpaid assessment and may be imposed only after notice that the assessment is overdue; payments go first to principal, then to interest (§33-1803(A)). After notice and an opportunity to be heard, the board may impose reasonable monetary penalties for violations, with late charges on penalties capped the same way (§33-1803(B)). A member who receives a written notice that the property violates the community documents may respond by certified mail within 21 calendar days, and the association must answer within ten business days with the provision violated, the date, the observer's name and the process to contest (§33-1803(C)–(D)). For condominiums, A.R.S. §33-1242 lets the association charge late fees after an overdue notice and penalties after a hearing, with the same 21-day and ten-business-day violation-notice rule, but its text doesn't contain the 20% cap or the $15-or-10% limit written for planned communities.
The rules
1. 20% cap (§33-1803(A))
No regular assessment more than 20% over last year without a member majority.
2. Late charges (§33-1803(A))
Late after 15 days; greater of $15 or 10%, only after an overdue notice.
3. Penalties (§33-1803(B))
After notice and a chance to be heard; same late-charge cap.
4. Violation notices (§33-1803(C)–(D))
Owner answers by certified mail in 21 days; HOA explains within ten business days.
What the TC can do
- Compare the current assessment in the HOA resale packet with the prior year's and flag a jump above 20% to the agents.
- Ask the seller about open violation notices and send them to the buyer's agent.
- Check that late charges on the HOA statement don't exceed the statutory cap and send questions to escrow.
Questions about Arizona HOA dues
How much can an Arizona HOA raise dues each year?
Not more than 20% over the preceding fiscal year's regular assessment without approval of a majority of the members, unless the community documents set a lower limit (A.R.S. §33-1803(A)).
What is the maximum Arizona HOA late fee?
The greater of $15 or 10% of the unpaid assessment, charged only after notice that the assessment is overdue; a payment is late after 15 days unless the documents allow longer (A.R.S. §33-1803(A)).
Related guides
Keep the HOA packet, statement and any violation notices on the deal in ClosingCode.
Start free trialSource: A.R.S. §§33-1803 and 33-1242 (azleg.gov, read October 29, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.