Arizona · A.R.S. §33-442Arizona private transfer fees: which resale fees are void and which are allowed

Arizona voids private transfer fee covenants. A provision in a declaration, covenant or other document is not binding or enforceable against the property or any later owner, buyer or lienholder if it both binds successors in title and obligates the buyer or seller to pay a fee to a declarant or third person on a transfer, or for allowing one (A.R.S. §33-442(A)). Such a provision is unenforceable whether or not it was recorded, and any lien based on it is invalid (§33-442(B)); covenants executed after July 29, 2010 are not binding, and older ones aren't validated either (§33-442(D)). Regular fees owed whether or not the property is sold aren't transfer fees (§33-442(A)(2)). Allowed: a lender's loan assumption fee, a broker's commission, a fee to an association that touches and concerns the land and is used only for the purpose the document authorizes, lease charges, payments to release an option or right of first refusal, club membership transfer fees, fees to a nonprofit for recreation in the association, government fees and taxes, and price adjustments payable to the seller (§33-442(C)). An association can't charge those allowed fees on certain exempt conveyances listed in §11-1134(B)(3) or (7), except managing-agent records fees (§33-442(E)).