What are the new Arizona HOA laws for 2026? Seven bills signed by Governor Katie Hobbs took effect on September 12, 2026. They give associations a statutory duty to act reasonably, stop planned-community boards from voting in closed session, protect backyard shade structures, rewrite the resale disclosure package, and set the same foreclosure threshold for condos that already applied to planned communities.
Why does it matter right now? Because the old text may still be what you find online. HOA Weekly pointed out that codified statutes published before the effective date still showed the prior wording. If you own, buy or sell in a Scottsdale or Phoenix HOA, here's what changed, in plain English.
Data note: Bill summaries are from the Mulcahy Law Firm "2026 Legislative Update," HOA Weekly (September 10, 2026), and Arizona Legislature bill summaries and statutes (azleg.gov), all read October 21, 2026. This is general information, not legal advice.
The 2026 Arizona HOA Laws at a Glance
- Session: convened January 12, 2026; adjourned June 13, 2026
- Effective date: September 12, 2026, for all seven bills
- Planned communities and condos: HB 4011, HB 2397, SB 1246, SB 1184, SB 1808
- Planned communities only: SB 1290, HB 2342
What Changed for Homeowners
HB 4011: A Duty to Act Reasonably
Associations now have a statutory "duty to act reasonably" in using their discretionary powers, defined to include acting "neutrally, fairly, without favoritism and in a nonarbitrary fashion." It's a new A.R.S. 33-1821 for planned communities and a new subsection of 33-1242 for condos. Mulcahy Law Firm notes it largely codifies existing Arizona case law, but now it's in the statute.
SB 1290: No Votes Behind Closed Doors
Planned-community boards may still consider certain matters in closed session, but two words, "without action," now bar them from voting or deciding there. Actions must happen in an open meeting. Condominiums weren't given the same statutory change, though Mulcahy points to an April 2026 Court of Appeals decision pointing the same direction for both.
HB 2342: Shade Structures Protected
In planned communities, an HOA may not prohibit a backyard shade structure:
- Covered: umbrellas, awnings, shade sails, gazebos, pergolas and canopies that are commercially produced or professionally manufactured
- Still allowed: reasonable rules on size, placement or appearance
- The limit on those rules: they can't prevent installation, impair function, restrict use or unreasonably affect cost, and can't be stricter than municipal zoning for height and setbacks
SB 1184 and SB 1808: Flags
Associations may not prohibit division-level flags of the U.S. uniformed services, or the national flag of Israel, regardless of the governing documents.
What Changed for Buyers and Sellers
HB 2397: A Bigger Resale Disclosure Package
- Clock starts at offer acceptance, not a "pending sale," and delivery can be electronic
- New items include: the final plat, board-approved minutes from the last 3 open meetings, recent income and expense statements for operating and reserve accounts, payment schedules for annual and special assessments, and any outstanding violation cited against the property
- Condo extras: association insurance certificates, and whether a corporation or LLC owns and leases 35% or more of units
- Buyer acknowledgment is signed at close of escrow
- Updates: if 30+ days pass, the association may charge up to $50 to update the report
SB 1246: Foreclosure Thresholds
- Rule: foreclosure only after 18 months of delinquency or $10,000+ owed, whichever comes first
- Now applies to condos too, matching planned communities
- Special assessments of $10,000+: only the 18-month test applies
Rules That Didn't Change but Still Matter
- Fines (A.R.S. 33-1803): allowed only after notice and an opportunity to be heard; late charges capped at the greater of $15 or 10%
- Violation notices: you may respond by certified mail within 21 calendar days; the HOA must reply within 10 business days
- Assessment increases: regular assessments can't rise more than 20% over the prior year without majority member approval
- Records (A.R.S. 33-1805): the HOA has 10 business days to make records available; copies cost no more than 15 cents a page
One sleeper to watch: HOA Weekly flags that SB 1419 narrowed the statutory definition of a "solar energy device," which also narrows the HOA solar protection that relies on it. If solar is in your plans, ask before you sign.
“Every Scottsdale buyer I work with in an HOA gets the same advice: read the minutes. Under the new law you'll see the last three open-meeting minutes in your disclosure package, and that's where you learn about the roof project, the reserve shortfall or the neighbor dispute before they become your problem. The CC&Rs tell you the rules. The minutes tell you the story.”
— Elizabeth Vijan, Tackett Team, eXp Realty
FAQ: Arizona HOA Laws
What are the new Arizona HOA laws for 2026?
Seven bills effective September 12, 2026, covering reasonableness, closed sessions, shade structures, disclosures, foreclosure and flags.
Can an HOA foreclose on a home in Arizona?
Only after 18 months delinquent or $10,000 owed, whichever comes first.
Can an HOA fine you in Arizona?
Yes, after notice and a chance to be heard, with late charges capped.
Can an Arizona HOA stop me from putting up a pergola or shade sail?
Not in a planned community, though reasonable design rules still apply.
Buying or Selling in a Scottsdale HOA?
I'll walk you through the new disclosure package line by line, flag what to ask about in the minutes and financials, and make sure the deadlines in your contract line up with the association's.
Elizabeth Vijan | Tackett Team, eXp Realty
Scottsdale & Phoenix Real Estate
Ask Me About Your HOA · Call or text 602-885-7752
Sources: Mulcahy Law Firm: 2026 Legislative Update · HOA Weekly: Seven Arizona HOA laws take effect September 12 · HOA Weekly: Arizona writes a duty to act reasonably into HOA law · Arizona Legislature: SB 1290 fact sheet · Arizona Legislature: HB 2397 summary · A.R.S. 33-1803, penalties · A.R.S. 33-1805, records · A.R.S. 33-1807, liens
Disclaimer: General information, not legal advice. Statutes and your community's governing documents both apply; consult an Arizona attorney about your situation. Information deemed reliable but not guaranteed. Equal Housing Opportunity.
Tackett Team, eXp Realty · Get in touch