Understanding the Arizona H.O.A. Condominium/Planned Community Addendum

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Introduction: Navigating HOA Properties in Arizona

When purchasing a home in a condominium or planned community in Arizona, you’re not just buying a property—you’re also joining a community governed by a Homeowners Association (HOA). This brings both benefits and obligations that can significantly impact your ownership experience and financial responsibilities.

The H.O.A. Condominium/Planned Community Addendum is a critical document that supplements your purchase contract when buying in an HOA community. This three-page form, created by the Arizona Association of REALTORS®, ensures you receive important information about the association’s rules, fees, and financial status before committing to your purchase.

In this comprehensive guide, we’ll examine each section of the HOA Addendum, explain why this information matters, and provide practical insights to help you make informed decisions when purchasing in an HOA community.

Why the HOA Addendum Exists: Transparency and Protection

Before we dive into the specifics, it’s important to understand why this addendum exists. Arizona law requires sellers to provide buyers with detailed information about homeowners associations. This transparency helps:

  • Prevent unwelcome surprises about rules and restrictions after purchase
  • Ensure buyers understand all financial obligations associated with the property
  • Provide details about the association’s financial health and governance
  • Allow buyers to review and approve (or disapprove) HOA documents before commitment
  • Protect buyers from purchasing in associations with problematic governance or finances

The HOA Addendum facilitates this disclosure process and creates a paper trail confirming that proper information was provided.

The Structure of the HOA Addendum: A Three-Part Document

The HOA Addendum is organized into three main sections:

  1. Seller’s Notice of H.O.A. Information (Page 1) – Basic information about the association(s) and fees
  2. Additional Obligations (Page 2) – Required disclosures and information that must be provided
  3. Buyer’s Acknowledgment and Terms (Page 3) – Buyer’s acceptance and allocation of HOA-related costs

Let’s explore each section in detail.

Page 1: Seller’s Notice of H.O.A. Information

The first page of the addendum is completed by the seller when listing the property and provides essential information about the homeowners association(s).

Basic Association Information

This section identifies:

  • The HOA name and contact information
  • The management company (if any) and their contact information
  • Regular dues amount and frequency (monthly, quarterly, annually)
  • Any special assessments currently in effect, including amounts and duration

Many communities actually have multiple layers of HOAs—for example, a master association for the entire development and a sub-association for your specific neighborhood or condominium building. The form accommodates this by providing fields for both primary and master associations.

Example: Primary HOA: Saguaro Heights Community Association – $85 monthly dues Master Association: North Valley Master Planned Community – $45 quarterly dues

Fees Payable Upon Close of Escrow

This section details one-time fees you’ll pay when purchasing the property:

  • Transfer Fees – Administrative fees for transferring membership from seller to buyer
  • Capital Improvement Fees – Contributions to the association’s reserves for future improvements
  • Prepaid Association Fees – Regular dues paid in advance at closing
  • Disclosure Fees – Costs for preparing HOA documents for the transaction

Arizona law caps disclosure fees at $400 per association, with a maximum $50 update fee (if 30+ days have passed) and $100 rush fee (for expedited processing).

Understanding these fees is crucial for accurate closing cost estimates. They can add up to several hundred or even thousands of dollars, especially if multiple associations are involved.

Page 2: Additional Obligations

The second page outlines legal requirements for providing HOA information to buyers, based on Arizona Revised Statutes §33-1260 and §33-1806.

Timing Requirements

The timing of HOA disclosures depends on the size of the association:

  • For associations with fewer than 50 units, the seller must provide required documents within ten days after contract acceptance
  • For associations with 50 or more units, the seller must notify the HOA of the pending sale within five days, and the HOA then has ten days to provide the required information to the buyer

Buyer’s Review Period

As the buyer, you have five days after receiving the HOA documents to review them and provide written notice of any disapproved items. This is an important protection—if you find concerning rules, restrictions, or financial issues in the HOA documents, you can back out of the contract and receive your earnest money back.

Required HOA Documents

The addendum lists specific documents and information that must be provided:

  • HOA Bylaws and Rules – The operational guidelines and day-to-day rules of the community
  • CC&Rs (Covenants, Conditions & Restrictions) – The foundational governing document of the HOA
  • A Dated Statement containing:
    • Contact information for the HOA
    • Current and unpaid assessments or fees
    • Information about insurance coverage
    • The HOA’s reserve fund balance
    • Information about any violations or alterations to the property
    • Information about pending litigation involving the HOA
  • Current Operating Budget – Shows income and expenses for the association
  • Most Recent Financial Report – Provides insight into the HOA’s financial health
  • Reserve Study (if any) – Details planned future capital improvements and funding
  • Other Required Information – Any additional information required by law

These documents provide a comprehensive picture of the community you’re joining, its financial health, and the rules that will govern your ownership.

Page 3: Buyer’s Acknowledgment and Terms

The final page of the addendum is where you, as the buyer, acknowledge receipt of the HOA information and agree to certain terms regarding HOA fees.

Allocation of HOA Fees

This section specifies who will pay the various fees associated with the HOA transfer:

  • Transfer Fees – Paid by buyer, seller, or split (as negotiated)
  • Capital Improvement Fees – Paid by buyer, seller, or split (as negotiated)
  • Additional Fees not disclosed on page 1 – Allocated as negotiated
  • Prepaid Association Fees – Paid by buyer (standard)
  • Disclosure Fees – Paid by seller (required by Arizona law)

This clarity prevents misunderstandings about who’s responsible for these costs at closing.

Assessment Considerations

The addendum also clarifies that any HOA assessment that is a lien as of the close of escrow will be paid by the seller, while any assessment that becomes a lien after closing is the buyer’s responsibility. This protects you from inheriting the seller’s unpaid HOA obligations.

Buyer Verification and Acknowledgment

The final section reminds you to:

  • Verify HOA fees directly with the association/management company
  • Acknowledge that the seller has made best efforts to identify all fees
  • Recognize that brokers did not verify the HOA information
  • Hold seller and broker harmless if fees prove incorrect or incomplete

By signing this section, you’re acknowledging receipt of HOA information and accepting the terms regarding fee allocation.

Why HOA Documents Matter: What to Look For

Now that we understand the mechanics of the HOA Addendum, let’s discuss why this information matters and what to look for when reviewing HOA documents.

1. Understanding Financial Obligations

HOA fees directly impact your monthly housing costs and must be factored into affordability calculations. When reviewing HOA documents, pay attention to:

  • Current Assessment Amounts – How much you’ll pay regularly
  • Assessment History – How frequently and by how much dues have increased
  • Special Assessments – Any current or planned special assessments
  • Reserve Funding – Whether the HOA has adequate reserves for future needs

Warning Signs:

  • Frequent or large assessment increases
  • Inadequate reserves for the age and amenities of the community
  • Pending special assessments
  • High percentage of delinquent accounts

Example: Maria was considering a condo with $275 monthly HOA fees, which fit her budget. However, after reviewing the financial statements, she discovered reserves were severely underfunded and a special assessment for roof replacement was being discussed. This potential $10,000 per unit assessment made her reconsider the purchase.

2. Evaluating Rules and Restrictions

HOA rules and restrictions can significantly impact your lifestyle and property use. Review the CC&Rs and rules for:

  • Rental Restrictions – Limitations on your ability to rent the property
  • Pet Policies – Restrictions on number, size, or types of pets
  • Architectural Controls – Requirements for exterior modifications
  • Parking Rules – Limitations on vehicles, guests, and parking locations
  • Use Restrictions – Rules about home businesses, holiday decorations, etc.

Warning Signs:

  • Rules that conflict with your lifestyle or plans for the property
  • Excessive or unreasonable restrictions
  • Unclear enforcement procedures
  • Recent or frequent litigation related to rule enforcement

Example: John, who works from home, discovered the HOA prohibited home-based businesses that receive clients. Since occasional client meetings were essential to his work, this rule made the property unsuitable for his needs.

3. Assessing HOA Management and Governance

The way an HOA is managed directly impacts your ownership experience. Look for:

  • Professional Management – Whether the HOA is self-managed or uses a management company
  • Board Meeting Minutes – Insights into current issues and board effectiveness
  • Communication Methods – How the HOA communicates with owners
  • Complaint Procedures – How violations and disputes are handled

Warning Signs:

  • Contentious board meetings or frequent board turnover
  • Excessive violations or fines issued to owners
  • Poor communication practices
  • Unresolved maintenance issues

4. Pending Litigation

Litigation can be expensive and disruptive. Review disclosure documents for:

  • Current Lawsuits – Any ongoing litigation involving the HOA
  • Potential Lawsuits – Issues that could lead to future litigation
  • Historical Patterns – Frequent litigation may indicate governance problems

Warning Sign: A condo association involved in a construction defect lawsuit might face uncertain special assessments depending on the outcome.

Common HOA Issues to Consider Before Purchasing

Beyond the specific documents, here are some broader considerations when evaluating an HOA property:

1. Association Financial Health

A financially healthy HOA maintains adequate reserves, keeps assessments reasonable, and plans proactively for maintenance. Signs of financial trouble include:

  • Frequent special assessments
  • Rapidly increasing regular assessments
  • High delinquency rates among owners
  • Inadequate reserves for the age and amenities of the community
  • Deferred maintenance visible throughout the community

2. Amenities vs. Costs

HOA fees typically fund amenities like pools, gyms, landscaping, and security. Consider whether:

  • The amenities justify the costs
  • You’ll actually use the amenities you’re paying for
  • Maintenance standards meet your expectations

Example: A luxury condominium with extensive amenities might charge $500+ monthly in HOA fees. If you rarely use the pool, concierge, or fitness center, you’re paying for services you don’t value.

3. Rental Restrictions

If you might want to rent your property in the future, carefully review rental policies:

  • Minimum/maximum lease terms
  • Approval requirements for tenants
  • Caps on the percentage of rental units allowed
  • Fees associated with renting

Some HOAs prohibit rentals entirely or impose restrictions that could interfere with your investment plans.

4. HOA Culture and Community

Beyond the formal documents, try to assess the culture of the community:

  • Talk to current residents if possible
  • Visit at different times of day and week
  • Review community newsletters or social media
  • Attend an open HOA meeting if timing allows

5. Recent or Planned Special Assessments

Special assessments can impose significant unexpected costs. Ask:

  • Are there any current special assessments?
  • Have there been special assessments in the past five years?
  • Are any special assessments being discussed?
  • What major repairs or improvements are anticipated in the next 5-10 years?

How to Use the HOA Addendum in Your Purchase

To effectively use the HOA Addendum in your home purchase:

For Buyers:

  • Request prompt delivery of all HOA documents after contract acceptance
  • Read everything carefully – Don’t skim these important documents
  • Mark your calendar for the five-day review deadline
  • Ask questions about anything unclear in the documents
  • Negotiate HOA fees paid at closing as part of your purchase offer
  • Verify information directly with the HOA if possible
  • Budget for all fees disclosed in the addendum

For Sellers:

  • Complete the addendum accurately when listing your property
  • Gather HOA documents early to facilitate a smooth transaction
  • Disclose special assessments or upcoming changes you’re aware of
  • Provide accurate contact information for the HOA
  • Respond promptly to buyer questions about the HOA

Important Timelines to Remember

The HOA Addendum operates within strict timeframes:

Seller disclosure timeline:

  • HOAs under 50 units: 10 days after contract acceptance
  • HOAs with 50+ units: HOA must be notified within 5 days; HOA then has 10 days to provide documents

Buyer review period: 5 days after receipt of HOA documents

Fee payments: At closing, as allocated in the addendum

Missing these deadlines can have serious consequences, from delaying your closing to inadvertently accepting HOA terms that don’t work for you.

Conclusion: Making an Informed HOA Decision

The H.O.A. Condominium/Planned Community Addendum is more than just another form in your real estate transaction—it’s your window into the community governance, rules, and financial obligations that will affect your ownership experience for years to come.

While HOA living offers many benefits—from maintained amenities to consistent neighborhood standards—it also comes with costs and restrictions that aren’t right for everyone. The HOA Addendum ensures you have the information needed to make an informed decision before committing to your purchase.

Remember that while the standardized HOA Addendum form is the same for everyone, the HOA documents it references will vary dramatically between communities. A thorough review of these materials is essential to understanding what you’re signing up for.

By understanding the purpose and proper use of the HOA Addendum, you can confidently evaluate whether a particular HOA community aligns with your lifestyle, preferences, and financial goals. This knowledge helps ensure your new home brings satisfaction rather than surprises, allowing you to enjoy the benefits of your community while understanding your responsibilities as an association member.

Work closely with your real estate agent to interpret HOA documents, ask the right questions, and meet all review deadlines. With proper attention to these details, you’ll be well-equipped to make a sound decision about purchasing in an HOA community in Arizona.