Last updated: October 23, 2026
Short answer: Arizona law caps what an HOA can charge for resale paperwork at $400 total, plus up to $100 for rush service and $50 for an update. Some communities also charge a capital improvement or working capital fee written into their documents. Who pays which fee depends on your contract. Browse homes in our Avondale home search.
Key takeaways
- A.R.S. § 33-1806 lets a planned community HOA charge no more than $400 total for the resale disclosure, lien estoppel and other transfer services.
- Extras are capped too: up to $100 for rush service within 72 hours and $50 to update a report that's at least 30 days old.
- The HOA must deliver its documents within 10 days after it gets notice of your accepted offer (for communities with 50 or more homes).
- Most fees paid to third parties on transfer are banned (A.R.S. § 33-442), but fees paid to the HOA itself for community purposes can be allowed.
¡Qué tal! I'm Rosie Armenta. Here in north Avondale, many of the homes buyers fall in love with are in an HOA, from lake communities to newer neighborhoods with parks and pools. A common question at closing is: "What are all these HOA charges?" Mariela and I want you to know them before you write an offer, so nothing on your closing statement is a surprise.
What HOA fees come up when you buy a home?
| Fee | What it is | Arizona limit |
|---|---|---|
| Resale disclosure and transfer services | The HOA's package of documents, lien estoppel (what's owed) and transfer paperwork | Up to $400 total, charged once per sale (A.R.S. § 33-1806) |
| Rush fee | If documents are needed within 72 hours | Up to $100 |
| Update fee | Updating a report 30 or more days after the original | Up to $50 |
| Capital improvement or working capital fee | A one-time payment to the HOA set in the community's recorded documents | No dollar cap in these statutes. It must go to the association for its authorized purpose (A.R.S. § 33-442) |
| Prorated dues | Your share of the current month or quarter's assessment | Set by the HOA budget |
| Special assessments | Any assessment the board has approved | Must be disclosed in the resale package |
Sources: A.R.S. §§ 33-1806 and 33-442 (planned communities); condominiums follow the same $400, $100 and $50 limits in A.R.S. § 33-1260. Checked October 23, 2026.
What is the $400 HOA fee cap in Arizona?
Under A.R.S. § 33-1806, an HOA "may charge the member a fee of not more than an aggregate of $400" for the resale disclosure, lien estoppel "and any other services related to the transfer or use of the property." The fee can only be collected at or after close of escrow, and only once per sale. The law also says an HOA can't charge other transfer-service fees beyond what the section allows, and it sets a civil penalty of up to $1,200 for an HOA that does.
These limits don't apply to a builder's sale of a new home under a state public report (A.R.S. § 33-1806(G)).
Note the word "member." The statute lets the HOA bill the selling owner. In a real sale, the purchase contract decides who pays which fee, so read that part with us before you sign.
What is an HOA transfer fee or capital improvement fee?
This is where buyers get confused. A.R.S. § 33-442 makes most transfer fees unenforceable when they're paid to a developer or other third party every time a home sells. But the same law has exceptions, including a fee paid to the association that is used only for the purpose the documents authorize and that "touches and concerns the land." That's how many communities collect a one-time capital improvement or working capital fee at closing.
Because the amount comes from your community's recorded documents, not the statute, it varies a lot. The resale package has to list "the amount and purpose of any title transfer fee or other similar fee" authorized in the declaration, so you'll see it in writing.
What HOA documents will I get when I buy?
Arizona requires the seller or the HOA to deliver a full package within 10 days. It includes:
- Bylaws, rules, the declaration (CC&Rs) and the plat
- Minutes from the board's last three open meetings
- The regular assessment, payment schedule and any special assessments
- Any unpaid assessments or liens on the home and any unresolved violations
- The current budget, the latest financial statement and audit or review, and the latest reserve study
- A summary of pending lawsuits involving the HOA
- Whether the developer still controls the HOA
Read the minutes and the reserve study closely. They often show upcoming projects, like pool or street repairs, that could lead to a special assessment.
Worked example: HOA costs on a north Avondale purchase
Here's how the fees could add up if your contract has you pay all of them. The capital improvement fee is a made-up amount for illustration, because each community sets its own.
| Item | Amount |
|---|---|
| Resale disclosure and transfer services (statutory maximum) | $400 |
| Rush fee, if your closing needs it within 72 hours | $100 |
| Update fee, if your closing is delayed 30+ days | $50 |
| Capital improvement fee (example only) | $500 |
| Total in this example | $1,050 |
Statutory amounts from A.R.S. § 33-1806, checked October 23, 2026. Prorated dues are extra and depend on the HOA.
How do HOA fees affect what I can afford?
The one-time fees are small next to the monthly dues. Lenders count HOA dues in your monthly payment, so a higher assessment means a smaller loan for the same budget. Here's my take on the pros and cons of living in an Arizona HOA, and my guide to buyer closing costs in Arizona shows where these fees land on the closing statement. During your inspection period, the HOA package is part of what you review, as I explain in what happens at an Arizona home inspection.
Ready to find the right community?
Browse the Avondale home search or the advanced home search, and send us the homes you like. Mariela and I will ask for the HOA dues and any capital improvement fee before you make an offer. Call or text me at 623-295-5770. Already own in an HOA and thinking of moving up? Get a free home value report.
Frequently Asked Questions
What is the maximum HOA transfer fee in Arizona?
For resale disclosure, lien estoppel and other transfer services, A.R.S. § 33-1806 caps the HOA's fee at $400 total per sale, plus up to $100 for rush service within 72 hours and $50 for an updated report. Condominiums have the same limits under A.R.S. § 33-1260.
Who pays HOA fees when buying a house in Arizona?
The statute lets the HOA charge the selling owner for the resale disclosure, but the purchase contract decides who pays which fee. Prorated dues and some one-time fees, like a capital improvement fee, are often paid by the buyer, so read your contract and HOA package.
Is a capital improvement fee legal in Arizona?
It can be. A.R.S. § 33-442 bans most transfer fees paid to developers or third parties, but it allows a fee paid to the association for the purpose authorized in its documents if the fee touches and concerns the land. The amount comes from the community's recorded documents.
How long does an Arizona HOA have to give me documents?
For a planned community with 50 or more homes, the HOA must deliver the resale disclosure package within 10 days after it receives written notice of the accepted offer. For smaller communities, the seller must deliver the information within 10 days after accepting your offer.
What documents should I review in the HOA resale package?
Look at the CC&Rs and rules, the budget, the latest financial statement, the reserve study, the last three board meeting minutes, any special assessments, unpaid amounts or violations on the home, and any pending lawsuits.
Can an HOA charge a rush fee in Arizona?
Yes, up to $100 if the rush services must be done within 72 hours after the request, under A.R.S. § 33-1806.
When are HOA transfer fees paid?
The statute says the fees can be collected no earlier than close of escrow, and only once for that sale. Your escrow officer usually pays them from the closing funds.
Do HOA dues affect how much house I can afford?
Yes. Lenders include monthly HOA dues in your housing payment, so higher dues reduce the loan amount you qualify for with the same income. Ask for the dues before you make an offer.
This article is general information, not legal, tax, or financial advice. Please talk with a licensed attorney, CPA, or lender about your situation.
About the authors
Rosie Armenta is a REALTOR® with West USA Realty. She and her daughter, Mariela Armenta, work together as a mother-daughter team. North Avondale (85392) is their home base, and they help buyers and sellers across the West Valley in English and Spanish. Call or text 623-295-5770, or browse the Avondale home search.
Rosie Armenta, REALTOR® | West USA Realty | Equal Housing Opportunity
Figures were checked on October 23, 2026, from Arizona Revised Statutes §§ 33-1806, 33-1260 and 33-442. The worked example includes a made-up capital improvement fee for illustration. This article is general information, not legal advice. Your purchase contract and your community's documents control the details.