October 16, 2025

HOA Resale Disclosures in East Valley Transactions

HOA Resale Disclosures in East Valley Transactions

Buying or selling a home in an East Valley HOA? The resale disclosure package can make or break your deal. You want clarity on fees, rules, litigation, and the HOA’s financial health before you commit. In this guide, you’ll learn what the package includes, who must provide it, how long it takes, what it costs, and what to review first so you can move forward with confidence. Let’s dive in.

What an HOA resale disclosure is

An HOA resale disclosure, sometimes called a resale certificate or resale package, gives you a snapshot of the association’s rules, finances, and any issues tied to the property. It helps buyers, lenders, and escrow evaluate risk and loanability. For a quick primer, see this overview of an Arizona resale certificate from FirstService Residential (what an Arizona resale certificate is).

Typical contents include:

  • CC&Rs, bylaws, and current rules
  • Current budget, recent financials, and any reserve study
  • Insurance declaration page
  • Statement of account for the seller and any unpaid assessments
  • Any known violations or unapproved alterations
  • Summary of pending litigation

Arizona rules that govern disclosures

Condos vs planned communities

Arizona has two parallel statutes. Condominiums follow A.R.S. §33-1260 (condo resale disclosure requirements). Planned communities follow A.R.S. §33-1806 (planned community resale disclosure requirements). Both list what must be provided and set timelines.

Who provides it and when

  • Communities with fewer than 50 units: the seller provides the information.
  • Communities with 50 or more units: the association provides it after receiving written notice of a pending sale.
  • Delivery must occur within 10 days after the association or owner receives the sale notice.

Buyer review window in practice

Many Arizona contracts give buyers a short period to review the HOA package after receipt. In practice, buyers often have five calendar days to approve or cancel after delivery, as reflected in Arizona REALTOR guidance on cancellation rights (buyer cancellation when HOA docs are received). Always check your purchase contract.

Fees and when they are collected

Arizona law caps the aggregate fee an association may charge for resale disclosure and related transfer documents at no more than 400 dollars. The statute also allows a rush fee up to 100 dollars and an update fee up to 50 dollars if requested more than 30 days after the original delivery. These fees must be collected no earlier than close of escrow (statutory fee caps and collection rules).

What to read first in the package

Focus here first to avoid surprises:

  • Unpaid assessments or liens. Check the seller’s ledger and any liens that could affect closing.
  • Special assessments and reserves. Low reserves or announced assessments can mean future costs.
  • Pending litigation. Lawsuits can impact insurance, assessments, or loanability.
  • Rules that affect your plans. Look at rental policies, pet rules, parking, and vehicle or RV storage.
  • Transfer fees or capital contributions. Confirm what fees exist and who pays them. Local HOA pages often outline these items for buyers and sellers (example resale disclosure guidance).

East Valley process and timelines

When to order and who orders

In most East Valley sales, the seller, the seller’s agent, or escrow orders the HOA package right after contract acceptance. Ordering early reduces closing risk, and many pros recommend ordering at listing when possible (ordering at acceptance guidance).

How documents are delivered locally

Many East Valley HOAs and management companies deliver disclosure packages through third-party portals such as HomeWiseDocs. Local management firms like Associa also coordinate real estate document services and delivery (Associa Arizona real estate services). You’ll usually receive documents electronically.

Avoiding delays

The association has 10 days to deliver after it receives the sale notice. Rush options are typically available. Delays can extend the buyer’s review window and may create cancellation rights under the contract. Ordering early and confirming the correct manager contact and portal helps keep you on track.

Costs you can expect

  • Base disclosure and lien estoppel services commonly total between about 150 and 400 dollars depending on the association and speed requested.
  • A rush fee up to 100 dollars may apply if you need expedited turnaround.
  • An update fee up to 50 dollars can apply if you need refreshed figures after 30 days.
  • By statute, these fees are collected at close of escrow and only once per transaction (Arizona fee caps and timing).

How the package can affect financing

Lenders review HOA financials, insurance, budgets, and litigation. If a project is non-warrantable, some loan options may be limited and a portfolio loan may be required. Work with your lender early and request any needed HOA or lender questionnaires as soon as you go under contract. For a plain-English overview, see this explanation of warrantable vs non-warrantable condos (condo warrantability basics).

Avoiding pitfalls: a quick checklist

  • Order the HOA package immediately after acceptance. If possible, order at listing.
  • Confirm the correct association manager and whether orders go through a portal like HomeWiseDocs.
  • Calendar the 10-day delivery deadline and the buyer’s review window once delivered.
  • Review financials, reserves, and litigation the day you receive the package. Loop in your lender right away.
  • Verify transfer fees and capital contributions and confirm who pays per the contract.
  • If the package discloses litigation or special assessments, consult escrow and your lender for impact on title and loanability.

Who pays what at closing

Common practice in the East Valley is for the seller to pay the HOA disclosure fee, although it is negotiable. The statute allows the association to charge the member and sets fee caps and collection timing. Confirm the allocation in your purchase contract and HOA Addendum, and make sure any fees comply with state law (statutory fee framework).

Ready to make your East Valley HOA closing simple and stress-free? Reach out to Jennifer Taege for clear guidance, fast coordination with your HOA and escrow, and a smooth path to the finish line.

FAQs

What is included in an Arizona HOA resale package?

  • You typically receive CC&Rs, bylaws, rules, current budget and financials, reserve information, insurance details, a seller statement of account, any known violations, and a summary of pending litigation.

How long does the HOA have to deliver the package?

  • Arizona statutes give the association or owner 10 days after receiving the sale notice to deliver the documents, and many contracts give the buyer about five days after receipt to approve or cancel.

Can the HOA charge more than 400 dollars for disclosure documents?

  • No. State law caps the aggregate disclosure and related transfer document fees at 400 dollars, with a possible 100-dollar rush fee and a 50-dollar update fee, collected at close of escrow.

What parts of the package most often derail a deal?

  • Large or imminent special assessments, very low reserves, pending litigation, or rules that conflict with a buyer’s plans, such as rental restrictions or vehicle storage limits.

Can I see the CC&Rs before making an offer?

  • Sometimes. You may access recorded CC&Rs or get copies from the seller early, but the full statutory resale package is delivered after there is a pending sale.

Who usually pays the HOA disclosure fee in East Valley sales?

  • The seller commonly pays, but it is negotiable in the contract. Check your HOA Addendum and confirm with your agent and escrow team.

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