What Arizona Law Requires in a Resale Package
Arizona Revised Statutes § 33-1315 mandates that HOA sellers provide a resale package (also called a disclosure package or disclosure documents) to buyers within 10 days of a purchase contract. This stack includes the governing documents, financial statements, and current fee schedules. Understanding what must be included helps you spot gaps and request missing items before your contingency period closes.
- Bylaws, covenants, conditions, and restrictions (CC&Rs) and any amendments—the rules that govern your property and community
- Current budget, financial statements, and reserve study showing the HOA's financial health and planned assessments
- Schedule of current monthly dues, transfer fees, and any special assessments or planned increases
- Resale certificate or estoppel letter confirming the seller's account status and any outstanding violations or liens
Transfer Fees and Hidden Costs to Verify
Transfer fees are one-time charges imposed when a property changes ownership. Arizona law permits HOAs to charge these fees, and they can range from a few hundred to several thousand dollars depending on the community. Beyond the transfer fee itself, you may encounter special assessments, capital contribution fees, or resale certificate fees—all of which should be itemized in your disclosure package.
- Transfer fees are typically charged to the buyer or seller (check your purchase agreement and disclosure documents for who pays)
- Special assessments may be pending or already approved; the disclosure package must list any planned capital improvements or reserve shortfalls
- Resale certificate or estoppel fees are charged by the HOA to prepare the disclosure documents—usually $100–$300, but verify the exact amount
- Some communities charge additional fees for amenity access, parking, or pet ownership; cross-reference the fee schedule against your intended use
Covenant Violations and Architectural Restrictions
The CC&Rs in your disclosure package define what you can and cannot do with your property—from exterior paint colors to landscaping and pet policies. Before closing, verify whether the property has any outstanding violations, fines, or architectural restrictions that could affect your use or resale value. The resale certificate should flag any violations; if it does not, ask the seller's agent or HOA directly.
- Review the CC&Rs for restrictions on rentals, short-term leases, or business use if those matter to your plans
- Check the resale certificate for any open violations, liens, or fines against the current owner that may transfer to you
- Verify architectural guidelines if you plan renovations, additions, or landscape changes—approval timelines and denial rates vary widely
- Confirm whether the HOA enforces rules consistently; request a list of recent violations or fines to gauge enforcement patterns
Your Timeline and Review Checklist
Arizona law gives you a limited window to review the resale package and decide whether to proceed. Most purchase contracts include a 3–7 day HOA contingency period, though this is negotiable. Use this time strategically: request the disclosure package immediately after your offer is accepted, cross-check every fee and restriction against your purchase agreement, and consult an HOA attorney or real estate agent if anything is unclear or missing.
- Request the disclosure package on the day your offer is accepted; Arizona sellers have 10 days to provide it, but earlier is better
- Create a checklist: verify all fees are listed, confirm the resale certificate is signed and dated, check for any outstanding liens or violations, and ensure the CC&Rs match your expectations
- If the disclosure package is incomplete or arrives late, you may have grounds to extend your contingency or renegotiate terms
- Do not waive your HOA contingency until you have reviewed the entire package and confirmed all fees and restrictions in writing
How StreetScout Fits This Review Process
Reviewing an Arizona HOA resale disclosure package is time-consuming because the documents are dense, fees are scattered across multiple pages, and covenant language can be ambiguous. ScoutReport turns your uploaded disclosure package into a structured findings summary that maps transfer fees, monthly dues, special assessments, and key restrictions to the exact pages where they appear. You upload the resale package, ScoutReport extracts and organizes the data, and you review the labeled findings to confirm everything is accurate before you waive contingencies.
- Upload your disclosure package (bylaws, financials, fee schedules, and resale certificate) to ScoutReport and let it extract transfer fees, dues, assessments, and covenant restrictions into a labeled summary
- Review the structured findings to confirm all fees are accounted for, verify the resale certificate status, and flag any restrictions that affect your use or plans
- Check the extracted data against your purchase agreement and the original documents to ensure nothing was missed, then use the summary to negotiate with the seller or HOA if fees or violations are unexpected