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Foreclosure, Homeowners Associations, and Landlord/Tenant: Homeowners Associations

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PRIMARY LAW

There is no state agency that regulates homeowners associations (HOAs) in Arizona. You can find Arizona laws that relate to HOAs through the resources listed below.

The Arizona Revised Statutes Annotated is the official statutory code for the State of Arizona. 

 

Free Resources
Ross-Blakley Law LibraryThe statutes are available in print in the law library in the Arizona Reference Collection (3rd floor).

Arizona State Legislature: Contains full-text session laws from the 43rd Legislature (1997) to the present

Nexis Uni: Remote access is available for law faculty and students via the recommended databases section of the Law Library's website.  For visitors in the library, Nexis Uni is available on the computers inside the reading room.
 
Westlaw Patron Access: To access this resource, you must use the computers provided in the library for the general public.  To search for Arizona statutes, type in “AZ-ST-ANN” in the search box and choose the "Arizona Statutes & Court Rules" database.  You can browse the statutes or use the search box at the top of the page for applicable statutes.
 

Subscription Resources
Lexis
 (Lexis password required)

Westlaw (Westlaw password required)
     
Arizona Statutes and Court Rules: current version of the Arizona statutes, constitution, and court rules
     
Arizona Statutes Annotated Historical: 1988–last year
     
Arizona Statutes Index

Books

Community Association Law in Arizona
by Scott B. Carpenter
This loose-leaf treatise discusses a wide variety of topics related to homeowners associations, including information about condominiums, planned communities, nonprofit corporations, common law, and statutory exceptions to broad association power. This treatise is designed specifically for the practitioner, but it may also be useful for the individual seeking a broad overview of information related to homeowner association law in Arizona. 

Condominium and Homeowner Association Practice: Community Association Law 
by Wayne S. Hyatt 
This resource contains information on many topics including common interest communities and community associations, how to create common interest communities, the functions and powers of associations, association governance, standards and enforcement of those standards, liability of associations, boards and members, and assistance with finding legal counsel on these issues. This resource is also primarily designed for the practitioner. 

Understanding Modern Real Estate Transactions 
by Alex M. Johnson, Jr. 
This resource is designed particularly for law students seeking an overview of information related to property and real estate transactions. It includes quite a bit of information related to the sale and purchase of property, and some information related to condominiums and communal ownership concerns.

Condominium and Co-op Deskbook: A Practical Guide to Commercial and Residential Properties
by William Jay Lippman
This practical, easy-to-read guide explains the legal, business, financial, and tax advantages of commercial condos to unit owners, as well as all the lender and tenant issues and drafting concerns that must be considered to make these agreements work. This resource includes sample forms and helpful information for practitioners handling closings of condominiums and co-ops. While designed primarily for practitioners, this resource may also be useful to those who are seeking general information. 

Understanding Property Law 
by John G. Sprankling
This treatise is designed primarily for law students, but contains a wealth of information related to property law that would be useful to anyone. It also discusses the rights and duties of homeowners’ associations in addition to information related to common-interest communities.

Helpful Websites

Homeowners Association Dispute Process – Arizona Department of Real Estate
In 2011, the Arizona Legislature passed legislation providing Arizona homeowners and condominium and planned community associations (HOA’s) a venue for resolving disputes. This Arizona Department of Real Estate website details the administrative procedures available as an alternative to the civil court system.

Arizona Association of Community Managers
The Arizona Association of Community Managers (AACM) is a professional organization dedicated to promoting a positive understanding of community associations and the contribution of professional management services in the development, establishment and maintenance of high-quality, well-managed neighborhoods. 

Arizona Association of Realtors 
The Arizona Association of Realtors provides information to consumers about living and selling in planned communities. Links are provided for consumer assistance. The website also includes many real estate forms including those that regard condominiums, HOA's, and planned communities. For forms click on the following link and browse the list:http://www.aaronline.com/ForRealtors/Forms/

Scottsdale Council of Homeowners Associations 
The Scottsdale Council of Homeowners Associations is an organization for member associations to share information about homeowners associations.  Phone: 480/994-4386