Arizona HOA Laws 2026: Planned Communities Act Guide (A.R.S. § 33-1801)

Arizona's planned communities are governed primarily by A.R.S. §§ 33-1801 through 33-1817 (the Planned Communities Act) and A.R.S. §§ 33-1201 through 33-1270 (the Condominium Act). With one of the fastest-growing HOA populations in the country, Arizona has steadily expanded homeowner rights while maintaining robust HOA authority.

The Arizona Planned Communities Act at a Glance

Arizona's PCA establishes a minimum floor of homeowner rights that CC&Rs cannot override, including:

• Right to display the US flag and AZ state flag
• Right to install solar energy devices (A.R.S. § 33-1816)
• Right to install drought-resistant landscaping
• Right to attend and speak at all open board meetings
• Right to inspect and copy all association records within 10 business days of written request
• Right to vote in all elections by secret ballot

Enforcement: The 10-Day Rule

Unlike California (10-day hearing request window) and Florida (14-day hearing notice), Arizona's A.R.S. § 33-1803 requires that a first-time violator receive a written notice with a minimum 10-day cure period before any fine can be assessed. After the 10-day period, if the violation continues, the HOA may fine but must still provide an opportunity for a hearing before the board.

Fine Limits and Escalation

Arizona statute caps fines at $10 per day for a continuing violation. However, the maximum fine per violation is $2,000 unless the CC&Rs provide for higher fines (which many do). Boards may adopt a fine schedule that escalates for repeat violations — but the schedule must be included in the recorded CC&Rs or published rules.

The 2026 Dissolution / Sunset Law Debate

Arizona legislators have introduced bills in 2025-2026 sessions that would allow older HOA CC&Rs (typically those recorded before 1990) to sunset automatically unless the association affirmatively re-records amended CC&Rs. While no bill has yet been signed into law as of early 2026, this is an active legislative issue that older Arizona HOAs must monitor carefully.

Election Requirements

Arizona A.R.S. § 33-1812 requires all membership votes (including board elections) to be conducted by secret written ballot. The association must allow members at least 10 days to return ballots. Board elections may not be conducted by show of hands or voice vote — only written ballot or electronic voting systems that provide a secret ballot.

Records Access: The 10-Day Requirement

A.R.S. § 33-1805 requires HOAs to make financial and other records available for inspection and copying within 10 business days of a written request. Unlike California and Florida, Arizona does not set a per-day fine for non-compliance — but the failure to produce records can support a homeowner's lawsuit for injunctive relief.