The HOA Packet Got Bigger, and the Clock Starts at Acceptance
Arizona rewrote HOA resale disclosure on September 12, 2026. What the packet must now contain, the ten-day clock from acceptance, and the fee caps.
Arizona's resale disclosure statutes were rewritten effective September 12, 2026. Ten days from acceptance, a $400 ceiling on the fee, and a liability standard that now turns on what the association knew.
The document that tells you whether a Tucson homeowners association is about to bill everyone for a new roof got longer on September 12, 2026 — the general effective date the Legislature publishes for bills from its fifty-seventh Legislature, second regular session. HB 2397 is the one that reaches a closing. Per the Legislature's own Senate fact sheet it amends both of Arizona's resale disclosure statutes, § 33-1806 for planned communities and § 33-1260 for condominiums, and each now reads as a numbered list of documents, a ten-day clock, and a fee schedule with a ceiling on it.
- Sept. 12, 2026
- General effective date for bills from Arizona's 2026 regular session
- 10 days
- From acceptance of the offer to delivery of the disclosure report
- 3 meetings
- Board-approved minutes now required in the packet
- $400
- Cap on the disclosure fee, charged once per transaction at closing
What the Association Has to Hand Over
Start with what the fact sheet lists as added, because that is what a seller's association was not handing over in August. Board-approved minutes for the previous three open meetings of the board. The most recent audit, review or compilation report. A statement of whether the declarant is still in control and how much of the community it owns. Notice, where a property sits under more than one association, that each of them owes a report. And for condominiums, known material deficiencies in the common elements.
The rest of subsection A was largely already there and still reads as the best checklist anyone gets: the declaration and final plat, the bylaws and rules, the operating budget, the reserve study, pending lawsuits other than member collections, and a dated statement carrying the assessment and its payment schedule, any approved special assessment, unpaid liens, title transfer fees, financial statements, and any outstanding violation cited against the property. The condominium version adds insurance limits and deductibles.
Two of those may arrive short: if the audit or the reserve study runs past ten pages, a summary may stand in, and the packet tells the purchaser the full reports may be requested. On a community carrying shared roofs, pools or private streets, that request is the difference between an abstract and the schedule the next special assessment comes out of.
The Clock Starts at Acceptance
The trigger is acceptance of the purchaser's offer — not the end of the inspection period, and not the day escrow gets around to asking. Below fifty properties, the seller delivers within ten days. At fifty or more, the seller notifies the association in writing and the association has ten days from that notice to transmit the report to the buyer or the buyer's agent. In a thirty-day escrow that is a third of the timeline, and it has to run out before anyone can read the packet.
What It Costs, and What a Bad Report Costs the Association
Fees are capped and collected once per transaction at close of escrow: an aggregate of not more than $400, a rush fee of not more than $100 where rush services are required within seventy-two hours, and not more than $50 to update a report once thirty days have passed. An association collecting a fee the statute does not authorize faces a civil penalty of not more than $1,200. The liability standard moved too. It now reaches an association for "knowingly or recklessly failing to disclose the information required by subsection A of this section or knowingly or recklessly providing materially false or misleading statements," with reasonable attorney fees as awarded by the court.
Cutting the other way is one sentence worth reading before anyone treats this packet as an inspection: the information "shall be based on the good faith reliance on association records or information." The association reports what its records say. A problem nobody wrote down does not appear.
- Ask for the Update, Not the Original (30 days, $50 cap, Owner request): The member may ask for an updated report once thirty days have passed since the original, capped at $50. On a long escrow, that is the cheap way to learn a special assessment was approved in the meantime.
- Ask for the Full Reserve Study (Ten pages, Summary allowed, Written request): Ask for the whole thing before the inspection period closes. The study is where the funding gap behind a future assessment is written down, and a summary is allowed to leave it out.
- Read the Violations Line (Outstanding violations, Dated statement): The dated statement lists violations cited against the property. An open one is a repair someone will pay for, and this is the only document in the file that names it.
In a Layered Community, Count the Reports
The last item is the one that catches Tucson's northwest side. Where a property is governed by multiple associations, the report must carry "a statement identifying that the property is subject to each association's disclosure report and corresponding resale disclosure fee." Rancho Vistoso in Oro Valley is the local textbook case: the Vistoso Community Association is the master, and its own FAQ page states that as of February 2020 there were seventy residential neighborhoods inside it, twenty-one carrying neighborhood-specific sub-HOAs. A buyer in one of those twenty-one is owed a report from each association, and each carries its own fee.
What the Acknowledgment Says You Signed
The list closes with a sentence the purchaser signs at closing: "I hereby acknowledge that with the purchase of this home or property, I will be contractually bound to the valid covenants, conditions and restrictions of the recorded declaration, and will be contractually bound to pay all common expense assessments." Everything above it exists to make that sentence informed rather than ceremonial. Which means the realistic failure is no longer a missing document. It is a longer packet landing on day ten and going into a folder unread. Ten days out of thirty is what the statute bought a buyer; reading them is the part it cannot buy.
Quick reference (September 24, 2026): the general effective date for bills from Arizona's fifty-seventh Legislature, second regular session, is September 12, 2026, per the Legislature's own published table. The figures above are read from the current text of A.R.S. § 33-1806 and § 33-1260 as published by the Legislature on the date accessed, and the attribution of the changes to HB 2397 from the Legislature's own Senate fact sheet for that bill. Statutes are amended and republished, and a specific community's recorded documents may require more than the statute does. Confirm the current statutory text before relying on any figure here, confirm a specific property's associations and fees with the association or its management company, and take questions about a particular transaction to an Arizona attorney. Nothing here is legal, tax or financial advice.
Sources
Arizona State Legislature — "General Effective Dates" — azleg.gov/general-effective-dates/ — accessed September 24, 2026 (for the general effective date of September 12, 2026 for the 57th Legislature, 2nd Regular Session). Arizona State Legislature — Arizona Revised Statutes § 33-1806, "Sale of properties; information required; fees; civil penalty; applicability; definition" — azleg.gov/ars/33/01806.htm — accessed September 24, 2026 (for the subsection A list, including the current declaration and final plat, the bylaws and rules, the board-approved minutes for the previous three open meetings of the board of directors, the current operating budget, the most recent audit, review or compilation report, the most recent reserve study, the summary of pending lawsuits other than actions to collect from members, the declarant control statement, and the contents of the dated statement; for the ten-page summary allowance on the audit and the reserve study and the statement that the purchaser may request the full reports; for the trigger being acceptance of the purchaser's offer and the fewer-than-fifty versus fifty-or-more delivery split with ten days to electronically transmit or deliver; for the aggregate fee of not more than $400, the rush fee of not more than $100 where rush services are required within seventy-two hours, the document update fee of not more than $50 once thirty days or more have passed since the original disclosure report, collection once per transaction at close of escrow, and the civil penalty of not more than $1,200; for the "knowingly or recklessly failing to disclose the information required by subsection A of this section or knowingly or recklessly providing materially false or misleading statements" language and reasonable attorney fees as awarded by the court; for the "good faith reliance on association records or information" sentence; for the multiple-association statement identifying that the property is subject to each association's disclosure report and corresponding resale disclosure fee authorized under subsection D; and for the purchaser acknowledgment quoted above). Arizona State Legislature — Arizona Revised Statutes § 33-1260, "Sale of units; information required; fees; civil penalty; applicability; definition" — azleg.gov/ars/33/01260.htm — accessed September 24, 2026 (for the parallel condominium list, including insurance coverage with limits and deductibles, known material deficiencies in the common elements, and the statement where a corporation or limited liability company owns thirty-five percent or more of the units). Arizona State Senate — "HB 2397 — homeowners' associations; property covenants; disclosures" Senate fact sheet, as passed committee, 57th Legislature, 2nd Regular Session — azleg.gov/legtext/57leg/2R/summary/S.2397GOV_ASPASSEDCOMMITTEE.DOCX.htm — accessed September 24, 2026 (for HB 2397 amending A.R.S. §§ 33-1260 and 33-1806; for the ten-day delivery windows measured from acceptance of the purchaser's offer and from receipt of written notice, with the fifty-unit split; for the expansion of the disclosure contents to include board-approved minutes of the prior three open meetings, the most recent audit, review or compilation report, the declarant control statement, notice of multiple association fees, and material deficiencies in common elements for condominiums; for the $400 packet fee and the $50 update fee; and for the liability standard reaching an association that knowingly or recklessly provides materially false or misleading statements, with attorney fees among the remedies). This fact sheet describes the bill as passed committee rather than the enrolled version, so the current statutory text linked above governs wherever the two differ. Vistoso Community Association — "Frequently Asked Questions" — ranchovistosohoa.com/faqs-questions/ — accessed September 24, 2026 (for the statement that, as of February 2020, there were seventy residential neighborhoods within Rancho Vistoso, twenty-one of them with neighborhood-specific sub-HOAs; the same page names at least one gated neighborhood administered by the master association instead, so confirm a specific address with the association). Statutes are amended and republished, a community's own recorded documents may require more than the statute does, and nothing here describes any specific property or transaction. This post is for informational purposes only, is not legal, tax or financial advice, and is not an offer to sell or a solicitation of an offer to purchase real estate. Kyle Berglund and Tierra Antigua Realty fully support and comply with the Fair Housing Act and the Equal Opportunity Act.
Topics
- Local Real Estate News
- HOA
- Resale Disclosure
- Arizona Statutes
- Condominiums
- Planned Communities
- Escrow