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Arizona · A.R.S. §33-1806 · §33-1260Arizona HOA and condo resale disclosure: 10 days and the $400 fee cap

When an Arizona home in a planned community or condominium is sold, the buyer must receive the association's resale disclosure within 10 days after the offer is accepted (A.R.S. §33-1806; §33-1260 for condos). In communities with fewer than 50 homes the seller delivers it; with 50 or more, the seller notifies the association and the association delivers within 10 days of the notice. Fees for resale disclosure, lien estoppel and related transfer services are capped at $400 in total, plus $100 for 72-hour rush service and $50 for an update after 30 days, collected no earlier than close of escrow.

Who delivers, and when

  1. Fewer than 50 homes or units

    The seller delivers the information to the buyer or the buyer's designated agent within 10 days after acceptance of the offer.

  2. 50 or more

    The seller gives the association written notice of the accepted offer with the buyer's or agent's name, e-mail and mailing address; the association delivers within 10 days after that notice.

  3. Fees (subsection D)

    Up to $400 in aggregate for resale disclosure, lien estoppel and other transfer services; up to $100 rush fee for service within 72 hours; up to $50 for an update requested 30 or more days after the original report.

  4. Collection (subsection E)

    Fees are collected no earlier than close of escrow and only once per transaction; charging unauthorized fees carries a civil penalty of up to $1,200.

What the packet contains

  • Bylaws, rules, declaration and final plat, and approved minutes of the last three open board meetings.
  • A dated statement: principal contact, regular and special assessments, unpaid liens or lis pendens, transfer fees, the latest income and expense statement and cited unresolved violations.
  • Operating budget, latest audit, review or compilation report, latest reserve study (summaries allowed over 10 pages) and pending lawsuits.
  • Whether the community is under declarant control, and a statement for the buyer to sign at close of escrow acknowledging the covenants and assessments.
  • Condos also disclose association insurance with certificates, known deficiencies the buyer may be assessed for within 6 months, and whether an entity owns and leases 35% or more of the units.

What the TC tracks

  • Accepted-offer notice sent to the association (50+ communities) and the 10-day date.
  • Packet delivered to the buyer within the buyer's review period.
  • Every association listed – each has its own report and fee.
  • Fees on the settlement statement within the caps, charged at close of escrow.

Questions about the Arizona HOA resale disclosure

How long does an Arizona HOA have to provide resale documents?

10 days: after acceptance of the offer when the seller delivers (fewer than 50 homes), or after the seller's written notice when the association delivers (50 or more) (A.R.S. §33-1806(A)).

What is the maximum HOA transfer fee in Arizona?

An aggregate of $400 for resale disclosure, lien estoppel and related services, plus up to $100 for 72-hour rush service and $50 for an update after 30 days (§33-1806(D)).

When can an Arizona HOA collect the resale fee?

No earlier than close of escrow, and only once per transaction (§33-1806(E)).

Is the condo resale disclosure different in Arizona?

§33-1260 mirrors §33-1806 and adds association insurance certificates, known deficiencies the buyer may be assessed for within 6 months and entity ownership of 35% or more of the units.

What does the buyer sign at closing?

A statement acknowledging the buyer is bound by the recorded covenants and must pay assessments, and that collection can include foreclosure without homestead protection.

Related guides

Track the association notice, the 10-day delivery and the buyer's review of the packet as tasks with owners and due dates in ClosingCode, and keep each report with the deal.

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Source: Arizona Revised Statutes §§33-1806 and 33-1260 (azleg.gov, read October 24, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.