Arizona · Title 33-16
Title 33 Ch. 16 — Planned Communities Act — Plain-English Summary
Official title: Planned Communities Act. Translated into plain English for board members and homeowners.
General Provisions
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§33-1801
Applies to planned communities created in Arizona. A planned community is a real estate development with mandatory membership in an association and assessmen…
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§33-1802
Defines key terms: planned community, declaration, association, board of directors, lot, member, period of declarant control.
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§33-1803
Caps assessment penalty fees and late fees. Caps interest on delinquencies. Limits the association's recoverable attorney fees in collection actions. Major h…
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§33-1804
Board meetings are open to members. Notice must be posted at least 48 hours in advance. Executive sessions allowed only for specified topics: litigation, per…
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§33-1805
Members have a right to inspect financial and other association records. The association must respond within 10 business days. Reasonable copy charges allowed.
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§33-1806
Seller must give buyer specified disclosures before closing. Association must provide a statement within 10 days of a written request. Caps transfer fees the…
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§33-1806.01
Owners renting their units must provide the association with tenant contact information and an emergency contact. The association may charge a one-time fee n…
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§33-1807
Establishes the association's lien for unpaid assessments. Priority over all liens except taxes, mortgages of record recorded before delinquency, and certain…
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§33-1808
Strong AZ homeowner protection. Owners may display the U.S. flag, AZ flag, military flags, and POW/MIA flag. Owners may display political signs starting 71 d…
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§33-1809
Owners may park public service vehicles (utility, police, fire, ambulance, government) at their home. May display political signs or stickers on personally o…
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§33-1810
Sets requirements for annual financial audit, review, or compilation depending on association size and revenue.
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§33-1811
A director with a conflict of interest must disclose it and may not vote on the matter.
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§33-1812
For board director elections, voting must be by absentee ballot or in person. Proxies are NOT allowed for board elections (changed 2014). Proxies still allow…
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§33-1813
Members may petition for a special meeting to remove board members. The petition requires 25 percent of members. Removal requires majority vote of those cast…
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§33-1814
Authorizes municipalities to require professional management of associations with slum property designations.
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§33-1815
Member meeting decisions are by majority of those present unless the declaration or bylaws set higher thresholds.
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§33-1816
Covenants prohibiting solar energy devices are void. Reasonable restrictions on placement may apply. Civil penalty for an association that violates this sect…
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§33-1817
Limits the declarant's ability to amend the declaration unilaterally after the period of declarant control.
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§33-1818
Defines the limits of a planned community's authority over roads dedicated to public use.
Frequently asked about Title 33-16
- What is Arizona Title 33-16?
- Arizona Title 33-16 — the Title 33 Ch. 16 — Planned Communities Act — is the body of law that governs how every Arizona planned community is structured, operated, and held accountable. It covers governance, voting, records, assessments, fining, and most of the day-to-day legal questions a board will face.
- How many sections are in Title 33-16?
- Title 33-16 contains 19 sections in this reference. Each is summarized in plain English on its own page, with links to the official text at azleg.gov.
- Is the summary on this site legal advice?
- No. These pages are plain-English summaries prepared by SoShiny for board members and managers. For binding legal advice or interpretation of how a section applies to your specific situation, consult a Arizona-licensed attorney.
- How often does Arizona Title 33-16 change?
- The Arizona Legislature can amend any chapter in any session. We update these summaries when we re-import the official text — see the 'Last updated' date on each section page.
- Does SoShiny enforce Title 33-16 for me?
- No software 'enforces' a statute — but SoShiny is built around it. Voting, meeting minutes, records access, fining workflow, and audit trails are designed to meet this body of law's requirements out of the box, so the board can demonstrate good-faith compliance if challenged.
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