A.R.S. § 10-3613 — Member's liability for dues, assessments and fees

Member's liability for dues, assessments and fees

Planned Communities & Condominiums · Text verified 2026-07-25

In plain English: Explains when a homeowner becomes obligated to pay dues, assessments, and fees. A provision in the articles, bylaws, or a board resolution does not by itself create that obligation; the member must agree to it expressly, or through implied agreement, consent, or acquiescence. A member is treated as having agreed if such a provision already existed in the articles, bylaws, the declaration of a condominium or planned community, or a board resolution when they became a member, and a home buyer may impliedly consent to this liability. Unless the provision expressly caps the amount, the dues and the member's liability can go up or down.

10-3613. Member's liability for dues, assessments and fees

A. A member may become liable to the corporation for dues, assessments and fees. A provision of the articles of incorporation, a provision of the bylaws or a resolution adopted by the board authorizing or imposing dues, assessments or fees does not, of itself, create liability for dues, assessments or fees. An express or implied agreement, consent or acquiescence by the member is necessary to create liability for dues, assessments or fees. A member is deemed to have agreed to the liability if there exists at the time the member becomes a member a provision of the articles of incorporation, a provision of the bylaws, a provision of the declaration of a condominium or a planned community or a resolution adopted by the board authorizing or imposing dues, assessments or fees.

B. A home buyer may implicitly consent to liability for dues, assessments and fees.

C. Unless the provision authorizing dues expressly limits the amount of the dues, the amount and the member's liability are subject to increase or decrease.

Source: A.R.S. § 10-3613 — Arizona State Legislature