Buying A Home In A Homeowners Association (HOA)

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If you are about to buy a home that is part of a homeowners’ association. There are special documents you are entitled to receive per Arizona state law from the home seller. Some of the key items you should be provided with when buying a home that is governed by a HOA is a copy of the bylaws and the rules of the association and a copy of the declaration of Covenants, Conditions and Restrictions ("CC&Rs").

A DATED STATEMENT CONTAINING:

  • The telephone number and address of a principal contact for the association, which may be an association manager, an association management company, an officer of the association or any other person designated by the board of directors.
  • The amount of the common expense assessment and the unpaid common expense assessment, special assessment or other assessment, fee or charge currently due and payable from the Seller.
  • A statement as to whether a portion of the unit is covered by insurance maintained by the association.
  • The total amount of money held by the association as reserves.
  • If the statement is being furnished by the association, a statement as to whether the records of the association reflect any alterations or improvements to the unit that violate the declaration. The association is not obligated to provide information regarding alterations or improvements that occurred more than six years before the proposed sale. Seller remains obligated to disclose alterations or improvements to the Premises that violate the declaration. The association may take action against the Buyer for violations apparent at the time of purchase that are not reflected in the association's records.
  • If the statement is being furnished by the Seller, a statement as to whether the Seller has any knowledge of any alterations or improvements to the unit that violate the declaration.
  • A statement of case names and case numbers for pending litigation with respect to the Premises or the association, including the amount of any money claimed.
  • A copy of the current operating budget of the association.
  • A copy of the most recent annual financial report of the association. If the report is more than ten pages, the association may provide a summary of the report in lieu of the entire report.
  • A copy of the most recent reserve study of the association, if any.
  • Any other information required by law.
  • A statement for Buyer acknowledgment and signature as required by Arizona law

HOA Addendum

Prior to submitting A purchase offer, the Buyer should receive a copy of the HOA Addendum in which page one has been completed by the Seller. The Buyer should review the fees disclosed on page one and should then contact the Association(s)/Management Company(ies) to obtain verbal verification of the fees payable upon close of escrow. Once the Buyer has obtained fees, they are to complete page three of the HOA Addendum, thereby identifying which party pays for which fees. 
 
Under lines 42-43 of the HOA Addendum, the buyer has five days to cancel the contract after receiving the HOA documents, even if the inspection period has expired. The reason for this longer time period is that, although the buyer has control over such inspections as home inspections and termite inspections that can be done during the inspection period, the buyer cannot control the time of the delivery of such documents as the HOA documents.
HOA Addendum (Sample)
HOA's in Santa Cruz County