Arizona HOA Resale Disclosure
Fill in the highlighted fields to request Arizona HOA resale disclosure documents under A.R.S. section 33-1806 after you accept an offer on your home. The letter records the acceptance date and the purchaser's details the association needs. The fields edit right in your browser, and you can copy the result or save it as a Word document.
[Date]
[Name of Homeowners Association]
Attn: [Community Manager or Association Contact]
[Association Address]
Re: Notice of accepted offer and request for disclosure documents under A.R.S. section 33-1806
Dear [Community Manager or Association Contact],
I am the owner of [Property Address] and have accepted an offer to purchase it on [Offer Acceptance Date]. The purchaser is [Purchaser Name], email [Purchaser Email], mailing address [Purchaser Mailing Address].
Under A.R.S. section 33-1806, please provide the disclosure documents, including the current declaration, bylaws and rules, a dated assessment statement, the current budget, and the other documents listed in the statute. Please deliver them to [Delivery Name and Email].
[Rush Statement, for example "Please complete this within 72 hours; I will pay the rush fee," or "No rush is needed."] Please send your invoice and payment instructions.
Sincerely,
[Your Name]
[Phone or Email]
[Signature]
What this letter does
An Arizona HOA resale disclosure request asks the association for the documents that must be given to a purchaser under A.R.S. section 33-1806. The statute puts the main duty on the seller, who is a member, and sets deadlines and fee caps.
Key rules in section 33-1806
- Deadline. For associations with fewer than 50 properties, the member delivers the information within ten days after acceptance of the purchaser's offer. For 50 or more properties, the member gives the association written notice of the accepted offer, including the purchaser's name, email and mailing address, and the association then delivers the documents within 10 days after receiving that notice.
- Documents. The association must provide current bylaws and rules, the current declaration and final plat, board-approved minutes of the previous three open board meetings, a dated statement of the principal contact, regular and special assessments, liens and lis pendens, title transfer fees, the latest income and expense statement and unresolved violations, the current operating budget, the most recent annual audit, review or compilation report, the most recent reserve study if any, a summary of pending lawsuits naming the association, a statement on declarant control, an acknowledgment for the purchaser to sign, and, if multiple associations govern, a statement identifying each.
- Fees. The association may charge the member up to $400 in total for preparing and delivering the documents, up to $100 more for a rush completed within 72 hours, and up to $50 for an update requested at least 30 days after the original disclosure. Fees can be collected no earlier than close of escrow and only once per transaction.
- Penalty. An association that charges or collects an unauthorized fee faces a civil penalty of up to $1,200.
- Liability. A purchaser or seller harmed by a knowing or reckless failure to disclose, or by materially false or misleading information, may seek legal or equitable remedies, including reasonable attorney fees.
- Exemptions. Certain sales, including those with a public report under specific Arizona statutes, are exempt.
How to use the letter
- Send it as soon as the offer is accepted.
- Include the purchaser's details if the association has 50 or more properties.
- Keep proof of the date.
- Compare the documents with the statute's list.
Statutes change, so check section 33-1806 on the Arizona Legislature's website. See also the Arizona records request and the comparison of closing, estoppel and paid assessment documents.
For the general form, see the HOA closing letter and the HOA estoppel letter.
Common questions
Who pays the Arizona HOA resale fee?
The statute allows the association to charge the member (the seller). Fees are collected no earlier than close of escrow.
How long does the HOA have to deliver?
Ten days, counted from acceptance of the offer or, for larger associations, from the association receiving notice of the accepted offer.
This page gives general information and sample wording. It is not legal advice, and requirements differ by state and by association.