Reveal the HOA Before You Sell

Full Transparency Starts with HOA Disclosure — Protect Yourself and Your Buyer

When selling a home that’s part of a Homeowners Association (HOA) in Arizona, it’s not optional to share HOA details — it’s a legal requirement. Arizona law (A.R.S. §33-1806 for planned communities and §33-1260 for condominiums) mandates that sellers provide full disclosure of the HOA’s existence, fees, rules, and governing documents to potential buyers before closing.

Sample of HOA Addendum

HOA's In Santa Cruz Valley In Arizona

Key Reasons Sellers Must Disclose HOA Information

Here are 6 key reasons to disclose.

Legal Obligation

Arizona’s disclosure laws ensure buyers are fully informed about any financial or community restrictions tied to the property. Failing to disclose HOA information can lead to disputes, delays in closing, or even legal liability after the sale.

Financial Awareness

HOA fees and special assessments directly affect a buyer’s monthly and annual housing costs. Full disclosure helps buyers budget appropriately and prevents surprises that could derail financing or closing.

Smooth Transaction Process

When sellers promptly disclose HOA details, it reduces back-and-forth requests from buyers and escrow officers, helping ensure a smoother and faster transaction.

Transparency for Buyers

Buyers need to understand what they’re agreeing to — from monthly dues and special assessments to community rules, architectural guidelines, and restrictions on property use (such as parking, rentals, or exterior changes).

Helps Buyers Evaluate Community Fit

Every HOA has its own lifestyle, standards, and restrictions. Sharing this information early allows buyers to decide whether the community’s rules and amenities align with their lifestyle and expectations — preventing issues or regrets after purchase.

Avoiding Future Disputes

Providing all HOA documents and fees upfront protects the seller from future claims that information was withheld or misrepresented.

What Must Be Disclosed

Disclosing HOA information isn’t just about following the law — it’s about building trust, protecting yourself from liability, and ensuring the buyer fully understands the community they’re joining.

Name and contact information of the HOA or management company

Current HOA fees and payment schedule

Any unpaid assessments or pending litigation involving the HOA

Covenants, Conditions & Restrictions (CC&Rs)

Bylaws, rules, and regulations

Financial statements and meeting minutes (if requested)

Buyer's Right To Rescind Contract

Note: 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.

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