The Arizona Planned Communities Act is the part of state law that governs most Arizona HOAs. It lives at Title 33, Chapter 16 of the Arizona Revised Statutes — sections 33-1801 through 33-1820 — and it sets the baseline of rules and homeowner rights that a community’s CC&Rs cannot override. This page is a plain-English map of the entire Act, with a link to the full text of every section and to our guide on the ones homeowners deal with most.
What is the Arizona Planned Communities Act?
The Planned Communities Act is the Arizona statute that applies to all planned communities in the state (§ 33-1801). A “planned community” is a real-estate development run by an association whose recorded declaration makes owners mandatory members required to pay assessments (§ 33-1802). Most Arizona HOAs are also nonprofit corporations, so they’re governed by Title 10 as well — but the Planned Communities Act is the chapter written specifically for HOAs and homeowners. For the difference between the planned-community, condominium, and nonprofit-corporation rules, see which Arizona law governs your HOA; for where an HOA’s authority comes from in the first place, see are HOAs legal?
Every section of the Act, in plain English
Below is the full Arizona Planned Communities Act, section by section. Each links to the complete statutory text; where we have a homeowner guide, that’s linked too.
§ 33-1801 — Applicability; exemptions. Who the Act covers (all planned communities) and the narrow exemptions, such as schools and certain pre-1974 associations.
§ 33-1802 — Definitions. The key terms — association, declaration, community documents, and planned community, including mandatory membership.
§ 33-1803 — Assessment limitation; penalties; notice of violation. The 20% cap on regular-assessment increases, late-fee limits, and the due-process a homeowner gets before a fine. Guide →
§ 33-1804 — Open meetings; notice; agenda. Board and member meetings must be open and noticed, members may speak before a vote, and closed sessions are limited to five topics. Guide →
§ 33-1805 — Financial and other records. Your right to inspect association records: 10 business days, free to review, 15¢ a page to copy. Guide →
§ 33-1806 — Resale of units; disclosure; fees. The disclosure package on a home sale and the $400 aggregate cap on transfer/disclosure fees. Guide →
§ 33-1806.01 — Rental property; information; fees. What an HOA can and can’t demand of a landlord or tenant, and the $25 cap per new tenancy. Guide →
§ 33-1807 — Common expense liens; foreclosure. Assessment liens, the 18-month/$10,000 foreclosure threshold, and how payments must be applied. Guide →
§ 33-1808 — Flags; political signs; for-sale signs. What your CC&Rs cannot restrict — flags, political and for-sale signs, and political activity. Guide →
§ 33-1809 — Parking; emergency vehicles. The limits on an association’s authority over parking, including on public streets.
§ 33-1810 — Board of directors; annual audit. The required annual financial audit, review, or compilation — completed within 180 days of fiscal year-end. Guide →
§ 33-1811 — Board contracts; conflict of interest. Insider or relative contracts must be disclosed in an open meeting — or they’re void. Guide →
§ 33-1812 — Proxies; absentee ballots. After declarant control, no proxy voting; ballot rules and a one-year inspection right. Guide →
§ 33-1813 — Removal of a board member; special meeting. The recall right: members can remove a director, with or without cause. Guide →
§ 33-1814 — Slum property; professional management. Court-ordered professional management where a property is declared a slum property.
§ 33-1815 — Association authority; commercial signage. Limits on an association’s authority to regulate certain commercial signage.
§ 33-1816 — Solar energy devices. An HOA cannot prohibit solar; placement rules can’t impair cost or efficiency. Guide → A 2026 addition (§ 33-1816.01, HB2342) extends the same idea to backyard shade structures.
§ 33-1817 — Declaration amendment; architectural review. How the declaration is amended, and the rule that design approval “shall not unreasonably be withheld.” Guide →
§ 33-1818 — Community authority over public roadways. The limits on an association’s authority over public roadways, and when a membership vote is required.
§ 33-1819 — Artificial turf ban; prohibition. An HOA cannot ban artificial turf, subject to reasonable restrictions — with attorney fees for a prevailing homeowner.
§ 33-1820 — Declarant control. The rules around the developer’s control period and its termination.
The rights the Act gives you that your CC&Rs can’t override
Many sections of the Planned Communities Act open with the words “notwithstanding any provision in the community documents.” That phrase means the statute beats your CC&Rs — the legislature is handing homeowners a protection the community’s own documents can’t take away. The clearest examples are the rights to display flags and signs (§ 33-1808), install solar (§ 33-1816), attend open meetings (§ 33-1804), inspect records (§ 33-1805), and get notice and a hearing before a fine (§ 33-1803).
The full statute library
Every section above links to the complete, current statutory text on this site, each with a citation to the Arizona State Legislature. You can browse the entire Arizona HOA Laws library — the Planned Communities Act, the Condominium Act (Chapter 9), and the nonprofit-corporation provisions (Title 10) — in one place.