Buying a Home or Condo in an Arizona HOA?
Most new homes in metro Phoenix come with a homeowners or condominium association attached. When you buy, you automatically become a member and you are bound by the community's governing documents, whether you read them or not. The time to understand what you're agreeing to is before closing, not after the first violation notice arrives.
Arizona HOAs Now Have a Statutory Duty to Act Reasonably
For nearly twenty years, Arizona homeowners challenging an HOA's discretionary decisions had to rely on a common law duty found in a single court of appeals opinion.
As of September 12, 2026, that duty is a statute. House Bill 4011, signed by Governor Hobbs on June 5, 2026, adds A.R.S. § 33-1821 to the Planned Communities Act and a parallel provision to the Condominium Act at A.R.S. § 33-1242(E). The association "has a duty to act reasonably in the exercise of its discretionary powers."