Arizona guide
Arizona condo resale disclosure review
Arizona does not issue a single "resale certificate." Instead, the association must furnish a defined resale disclosure packet under A.R.S. §33-1260 for condominiums and §33-1806 for planned communities.
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Once the association (in communities of 50 or more units or lots) or the selling owner (in smaller ones) receives written notice of a pending sale, the documents must be delivered within 10 days. Arizona is unusually buyer-friendly on cost — the disclosure fee is capped at an aggregate of $400, plus up to $100 rush and $50 update, with overcharging carrying a civil penalty up to $1,200. But the statutory packet is a disclosure floor, not a quality guarantee: its litigation disclosure is narrow, no reserve study may exist, and there is no Title 33 cancellation right, so read it against everything you request on your own.
What §33-1260 / §33-1806 requires the packet to contain
The Arizona resale packet must generally include the bylaws and current rules, the current operating budget, the most recent annual financial report (or a summary if it runs more than 10 pages), a copy of the most recent reserve study if any exists plus a statement of the reserve amount held (or that there is none), a statement of all assessments, fees, and charges currently due on the unit and any approved or known special assessment, a statement of the association's insurance coverage, and any required fee or violation statement. Critically, the litigation disclosure is narrow — the statute requires only case names and numbers for pending litigation between the association and the selling unit owner (and certain association litigation for planned communities), not a full list of third-party suits, defect actions, or insurer disputes. Confirm the packet is complete before relying on it.
The 10-day delivery rule and the $400 fee cap
On written notice of a pending sale, the disclosure documents must be delivered within 10 days. The association may charge an aggregate of no more than $400 for the disclosure and related transfer statement, plus up to $100 for rush service within 72 hours and up to $50 for an update if 30 or more days have passed. Fees are collected no earlier than close of escrow and only once per transaction, and charging or collecting in violation of the statute carries a civil penalty up to $1,200. This cap is materially more buyer-protective than states with uncapped estoppel fees. Late delivery beyond the 10-day window or fees exceeding the caps are themselves signals worth probing — request the packet early so the clock leaves room to read it.
No statutory rescission — cancellation comes from the contract
Unlike a developer public report at the first sale of a new subdivision, Arizona's resale-disclosure statutes do not grant a statutory rescission or cancellation period tied to receiving the HOA packet. Your cancellation right on a resale comes from the purchase contract's contingencies — the standard AAR Resale Condominium / Planned Community addendum gives the buyer a contractual review-and-disapproval window — rather than from Title 33 itself. Because the documents drive that decision, confirm the exact disapproval period against your operative AAR forms rather than assuming a fixed number of days, and calendar your review so the packet arrives with time to act.
Read the packet together, and ask for what it omits
Arizona risk rarely lives in one document. Read the reserve statement against the budget — remembering Arizona mandates no reserve study or funding, so a missing study is legal but a real red flag — and read the insurance statement against the master-policy declarations page given Arizona's premium and deductible shocks. Because the litigation disclosure is narrow, request a full pending-litigation summary directly, plus loss runs and recent claims history (heat, monsoon, fire), beyond the statutory snapshot. A clean-looking packet on an aging Phoenix or Sun City building can still carry significant special-assessment risk that only surfaces when the documents are cross-referenced.
Arizona legal references
- A.R.S. §33-1260 — Condominium resale disclosure; fees; civil penalty
- A.R.S. §33-1806 — Planned community resale disclosure; fees
- Arizona Department of Real Estate — HOA dispute information (fee/overcharge complaints)
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these Arizona statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Arizona specialist →Reviewer's checklist
- Confirm the seller or association delivered the full §33-1260 / §33-1806 packet within 10 days
- Verify the disclosure fee did not exceed the $400 / $100 rush / $50 update caps
- Determine whether the property is a condominium or a planned community — the act differs
- Read the reserve statement and any reserve study (none may exist — no AZ mandate)
- Read the current budget and most recent annual financial report together
- Read the assessments-due statement and any approved or known special assessment
- Read the insurance statement and request the master-policy declarations page and loss runs
- Request a full pending-litigation summary — the statutory disclosure is narrow
- Identify and calendar your AAR contract's review-and-disapproval window
Want this same review on your actual documents? We do it free, with page citations you can verify.
Get My Free Risk Report →Source documents
- Declaration & bylawsthe rules
- Budget & financialsthe money
- Reserve studythe big repairs
- Meeting minuteswhat the board fears
Cross-reference
The risk lives in the contradiction between documents.
An assessment in the minutes but not the estoppel; a reserve the budget never funds.
Risk report
Severity-graded across 8 categories.
Every finding cites the document, page number, and quoted text.
How CondoSignal reviews this
We read the reserve study, operating budget, and 24 months of meeting minutes together — arizona condo resale disclosure review risk usually lives in the contradiction between documents, not in any single one of them. Every finding cites the source document, the page number, and the quoted text behind it.
See our 8-category framework →Risk Intelligence
Review the documents before your contingency ends
Most buyers get 7–14 days to review condo documents. Upload the packet — we read the reserve study, budget, minutes, and insurance summary and flag the risks, every finding linked to the exact page. Free.
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Related risk areas
Read these next to round out your due diligence
Estoppel Certificate Review
In Florida, an estoppel certificate is the legally binding document that fixes, at a specific moment in time, everything a buyer and a closing agent need to know about a unit's financial standing with its condominium association.
HOA Litigation History
An association's litigation history is one of the most consequential facts about it — and one of the least visible.
Condo Buying Checklist
Buying a condo is not like buying a single-family home.
Related reading
Guides for Arizona buyers and owners
Arizona Condo Resale Disclosure Checklist (ARS 33-1806)
Arizona's condo resale disclosure law is among the loosest in the Sun Belt. Here is exactly what ARS 33-1806 and ARS 33-1260 require — and what they permit associations to omit.
The Complete Arizona Condo and HOA Guide (2026)
Arizona's condo and HOA market is shaped by voluntary reserves, master-planned community economics, and a reformed foreclosure threshold. The complete 2026 reference for buyers, owners, and advisors.
Should I Buy a Condo With Incomplete Resale Documents?
Incomplete resale documents are a red flag of their own near your deadline. Learn what's usually missing and get a free document review.
What to Look for in Condo Documents: A Buyer's Complete Guide
A resale package contains roughly a dozen documents. Learn what each one discloses, what most buyers overlook, and which sections to read closely before you close.
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Reviewed by Kirk Hasley, Founder. Every claim here is checked against current Arizona statute and primary sources, using the same documented review framework we run on every file. Last reviewed June 13, 2026.
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Risk Intelligence
Review the documents before your contingency ends
Most buyers get 7–14 days to review condo documents. Upload the packet — we read the reserve study, budget, minutes, and insurance summary and flag the risks, every finding linked to the exact page. Free.
Expert Matching
Need a real estate lawyer or mortgage specialist?
We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
- HOA lawyer