Arizona HOA Legislative Update 2025

This year’s Arizona legislative session adjourned on June 27, 2025. The general effective date for new laws is September 26, 2025. Summaries for the new and/or amended statutes that impact planned communities and condominiums are below and the full text of the statutes can be found at www.azleg.gov. Updated copies of the Arizona Condominium Act and Arizona Planned Communities Act are available to view and download on our website under the G|S Resources tab.

A.R.S. §§33-1248 & 33-1804 (AMENDED): Homeowners’ Associations; Meetings; Recordings

For Planned Community and Condominium Associations, if a board records a meeting that is open to the Members, the board shall keep a copy of the recording for at least six months and make the unedited recording available to any member on request, according to the applicable record’s examination statutes in the Planned Communities Act or the Condominium Act.

A.R.S. §§33-1202, 33-1217, & 33-1255 (AMENDED): Condominiums; Commercial Structures; Residential Structures

Applies to Condominiums that include one or more commercial structures that are separate from one or more residential structures. Requires that common expenses that exclusively benefit the commercial structure(s) be exclusively assessed against only the commercial structures, and that common expenses that exclusively benefit the residential structure(s) be exclusively assessed against only the residential structures. Otherwise, common expenses that benefit both types of structures must be assessed proportionately. After the period of Declarant control, common expense allocations may differ from these statutory requirements only after a unanimous vote of the Unit Owners. The definitions of commercial structure and residential structure are defined based on the designation of use of a majority of the units in the structure. A commercial structure is considered separate from a residential structure if no residential units are located on top of or below the commercial structure.

A.R.S. §33-1807 (AMENDED): Common Expense Liens; Foreclosure; Amount

Applies only to Planned Communities. Prohibits an Association from initiating a judicial lien foreclosure action in Superior Court until the owner has been and remains delinquent in the payment of any assessment or portion of the assessment for a period of eighteen months or in the amount of $10,000 or more, whichever occurs first, as determined on the date the action is filed.

A.R.S. §22-503 (AMENDED): Small Claims Court; Jurisdictional Limit

Increases the jurisdictional limitation for Small Claims actions from $3,500 to $5,000.

A.R.S. §33-1261 & 33-1808 (AMENDED): Political Signs; Homeowners’ Associations

For Planned Communities and Condominiums, includes flags in the definition of “Political Sign”.

A.R.S. §9-500.52 & 11-269.30 (NEW): Municipalities; Counties; Construction Hours

Prevents municipalities and counties from prohibiting any general construction activities (subject to a validly issued building permit) between May 1 and October 15 between the hours of 5 AM and 7 PM on business days, and 7 AM and 7 PM on Saturdays. The law further allows concrete to be poured at least one hour before general construction activities begin. Emergency measure effective May 13, 2025.

A.R.S. §9-461.18, 9-500.39, 9-500.49, & 11-269.17 (AMENDED) AND A.R.S. §11-810.01 (NEW): Accessory Dwelling Units; Requirements

Generally makes clarifying corrections to the existing statutes, and also makes the requirements previously applicable only to municipalities to counties as well. The applicable statutes already require the adoption of regulations applicable to accessory dwelling units that generally allow for at least one attached and one detached accessory dwelling unit on a lot where a single-family dwelling unit is allowed, and prohibit a variety of possible restrictions on the uses of accessory dwelling units. However, these statutes explicitly recognize the enforceability of private restrictive covenants (i.e., CC&Rs). As to the regulation of short-term or vacation rentals, municipalities or counties may require the property owner to reside on the property if the owner wishes to use the accessory dwelling unit for short-term rental or vacation rental purposes, if the Certificate of Occupancy or similar final approval for the accessory dwelling unit was issued on or after September 14, 2024.