Seven Arizona HOA laws take effect Saturday
Seven Arizona HOA laws take effect Saturday
2026-09-10 · Arizona · Legislation
Seven Arizona community association laws take effect on Saturday, September 12, 2026. None of them is in force today.
That gap between signature and effect catches people out every year, and this year it matters more than usual, because the codified statutes published online still show the old text. An association reading A.R.S. § 33-1256 or § 33-1804 this week is reading law that is about to change.
Where the date comes from
Arizona has no fixed annual effective date. The general effective date is the ninety-first day after the legislature adjourns sine die.
The Fifty-seventh Legislature's Second Regular Session convened January 12, 2026 and adjourned June 13, 2026. Ninety days later is September 12.
None of the seven acts carries an emergency clause, a delayed effective date, or a retroactivity provision. All seven land together.
The seven acts
HB 4011, Chapter 125 — a statutory duty to act reasonably in the exercise of discretionary powers, added to § 33-1242 for condominiums and created as a new § 33-1821 for planned communities. The broadest of the seven.
SB 1246, Chapter 162 — the condominium foreclosure threshold rises to $10,000 or eighteen months, matching planned communities; a new carve-out stops a large special assessment from clearing the dollar line by itself.
HB 2397, Chapter 249 — the resale disclosure package is rewritten: the clock starts at offer acceptance, delivery may be electronic, board minutes and reserve studies join the package, and liability narrows to knowing or reckless conduct.
SB 1290, Chapter 222 — two words, “without action,” added to § 33-1804, so a planned community board may consider but not decide in closed session. Condominiums were not given the same rule.
HB 2342, Chapter 90 — a new § 33-1816.01 bars planned communities from prohibiting backyard shade structures, and caps association rules at municipal zoning for single-family homes.
SB 1184, Chapter 154 and SB 1808, Chapter 243 — two separate acts expanding the protected flag list in §§ 33-1261 and 33-1808, neither of which references the other.
And an eighth that no list called an HOA bill
SB 1419, Chapter 175 narrows the definition of “solar energy device” in A.R.S. § 44-1761. Because §§ 33-1816 and 33-439 protect solar devices only “as defined in section 44-1761,” the HOA solar protection narrows with it — on the same date, through a bill filed under no association heading.
The asymmetry worth noticing
Arizona runs two parallel association statutes: the Condominium Act in title 33, chapter 9, and the Planned Communities Act in chapter 16. The 2026 session did not treat them equally.
Planned communities only: SB 1290's closed-meeting rule (§ 33-1804) and HB 2342's shade structure protection (new § 33-1816.01). Neither has a condominium counterpart. Section 33-1248, the condominium open-meeting statute, still permits “consideration of” the listed subjects without the new words, and no condominium shade-structure provision exists.
Both: HB 4011, SB 1246, HB 2397, and the two flag acts.
Condominiums catching up: SB 1246's threshold change, which brings § 33-1256 to where § 33-1807 has been since September 2025.
The practical consequence is that a manager running a mixed portfolio cannot apply one 2026 update list across it. Two of the seven acts do not reach condominiums at all.
A short compliance list
Four things are worth doing before Saturday, and none of them requires counsel.
1. Decide on collection matters in the gap. Condominium accounts between $1,200 and $10,000, or between twelve and eighteen months delinquent, stop being foreclosable on September 12. The threshold is measured as of the filing date. A board with a matter at the instruction stage is making a decision either way, and it should be a minuted one.
2. Separate closed-meeting notices from agendas. For planned communities this is now required from two directions: SB 1290, and the Court of Appeals decision in Sunland Springs, which the Supreme Court declined to review on September 8. A notice needs date, time and place. An agenda has to reasonably advise members what will be addressed.
3. Rebuild the resale package and the violation log. Three sets of board-approved minutes, the reserve study or a summary, the audit or a summary, insurance information, and a per-unit list of outstanding unresolved violations, all deliverable in ten days from offer acceptance. Associations whose minutes are approved a quarter late cannot satisfy this.
4. Update the flag and shade-structure rules by reference, not by list. A policy that reproduces the statutory flag list is out of date twice over on Saturday. One that incorporates § 33-1261(A) or § 33-1808 by reference never goes stale.
What did not happen
The absences are as useful as the enactments, and they are verified negatives rather than gaps in our reading.
No HOA bill was vetoed. The Governor vetoed 151 bills this session. None of them was an association bill; all seven that reached the desk were signed.
Nothing was enacted on the ADRE dispute process, records access, elections or virtual meetings, assessment caps, pets, or fines and due process. No 2026 chapter touches § 32-2199 or § 32-2199.01 — which is why the department's own fee increase this year happened without legislation.
Nor on short-term rentals, water and turf, EV charging, rental caps, reserve funding, structural safety inspections, insurance, or title 10 nonprofit governance as it applies to associations.
Around thirty-five association bills were introduced. Seven became law, and more than thirty died — almost none of them by losing a vote.
What to watch next
The codified text. The published A.R.S. sections will update after the effective date, and the two flag acts need Legislative Council to blend them. Until then, cite the session laws.
The condominium gap. Two rules now apply to planned communities and not condominiums, which is the kind of asymmetry that draws a clean-up bill.
Whether anything is enforced early. Nothing in these seven acts is retroactive. Conduct before September 12 is governed by the law as it stands today, and the Sunland Springs decision — which construes the statute as it already was — is the one exception that reaches backwards.
Related Arizona HOA Topics
- Arizona State Legislature — general effective dates (2026 session: sine die June 13, general effective date September 12) ↩
- HB 4011, Chapter 125, Laws 2026 ↩
- SB 1246, Chapter 162, Laws 2026 ↩
- HB 2397, Chapter 249, Laws 2026 ↩
- SB 1290, Chapter 222, Laws 2026 ↩
- HB 2342, Chapter 90, Laws 2026 ↩
- SB 1419, Chapter 175, Laws 2026 — the solar definition change ↩
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