HOA’s – What Rights Do You Have in Arizona?

Rights & Powers of Arizona HOAs

1. Financial Rights (Assessments & Liens)

• Collecting Dues: HOAs have the right to collect regular assessments (dues) to pay for the maintenance of common areas and community operations.

• Late Fees: They can charge reasonable late fees for unpaid assessments. By law, a payment is late after 15 days. The fee is typically limited to the greater of $15 or 10% of the unpaid amount.

• Liens & Foreclosure: The HOA can place a lien on your property for unpaid assessments. Crucially, they can foreclose on your home, but only if:

  • The debt has been delinquent for one year, OR

  • The amount owed is $1,200 or more (excluding late fees and collection costs).

2. Rule Enforcement

• Architectural Control: HOAs can enforce rules regarding the appearance of your home, including paint colors, landscaping, and exterior modifications, provided these rules are in the CC&Rs (Covenants, Conditions, and Restrictions).

• Fines: They have the right to fine homeowners for violations. However, they cannot fine you without first offering you notice and an opportunity for a hearing before the board.

• Common Areas: The HOA has absolute control over the maintenance and regulation of common areas (pools, parks, clubhouses).

3. Administrative Powers

• Record Keeping: They maintain the right to keep financial and meeting records, though they must make these available to homeowners upon request (usually within 10 business days).

• Open Meetings: While the board controls the meeting agenda, they generally must hold meetings open to all members, with notice given at least 48 hours in advance.

Limitations (What HOAs Cannot Do)

Arizona law explicitly restricts HOAs from banning certain items and activities, effectively granting these rights to homeowners:

• Flags: An HOA cannot prohibit the display of the American flag, the Arizona state flag, the Gadsden flag (Don't Tread on Me), the POW/MIA flag, or flags of Arizona Indian Nations. They can, however, regulate the size and placement.

• Political Signs: They cannot ban political signs on your property, though they can restrict the timing (typically allowing them 71 days before an election and up to 3 days after).

• Solar Panels: In most cases, HOAs cannot effectively ban solar energy devices, though they may have some say in placement if it doesn't significantly reduce efficiency.

• Public Streets: Recent legislation allows residents to vote on whether an HOA can enforce traffic restrictions (like parking or speeding) on public streets that run through the community. If the community votes "no," the HOA loses this power.

• For Sale Signs: They cannot prohibit the use of standard "For Sale" or "For Lease" signs, though they can regulate their industry-standard size.

Dispute Resolution:

If you believe an HOA is overstepping its rights, Arizona has a specific HOA Dispute Process through the Arizona Department of Real Estate, which serves as an alternative to civil court for resolving conflicts.