Frequently Asked Questions

The Arizona Planned Communities Act is Title 33 Chapter 16, sections 33-1801 through 33-1818 of the Arizona Revised Statutes. It governs planned community (HOA) associations. The parallel Arizona Condominium Act is Title 33 Chapter 9, sections 33-1201 through 33-1270. Both chapters require open meetings, member access to records, and proper notice. ARS 33-1804 sets the 48 hour notice rule for planned communities, and ARS 33-1242 sets the matching rule for condominiums.

Yes. ARS 33-1804 requires that all board meetings and committee meetings of a planned community be open to members, with notice (including the agenda) given at least 48 hours before the meeting. ARS 33-1242 mirrors this rule for condominiums. Executive session is limited to narrowly defined topics (legal advice, pending or contemplated litigation, personnel, member discipline). The 48 hour rule is the most commonly missed Arizona deadline, especially when boards try to call a same week meeting on a hot topic.

The 2025 amendment to ARS 33-1804 (effective September 26, 2025) added a new obligation: if the board records a meeting that is open to the members, the board must keep a copy of the recording for at least 6 months and make the unedited recording available to any member on request. ARS 33-1248 was amended in parallel for condominiums. This is a new compliance burden for boards that started recording meetings during the pandemic and never had a retention policy.

Only under tight rules. The 2025 amendment to ARS 33-1807 prohibits a planned community association from initiating a judicial lien foreclosure action in Superior Court until the owner has been and remains delinquent in the payment of any assessment for a period of 18 months or in the amount of $10,000 or more, whichever occurs first. The condominium parallel is ARS 33-1256. This 2025 floor significantly limits when foreclosure is available and is a meaningful change in collections strategy for many boards.

Yes. ARS 33-1808 prohibits the association from blocking the indoor or outdoor display of a political sign by a member on the member property. The 2025 amendment added flags within the definition of political sign. Limits on size and timing of display before and after an election still apply per the statute. Boards should update sign rules to reflect the flag inclusion before the next election cycle.

Arizona statute does not mandate a specific reserve study cadence the way California or Washington does. The board must adopt an annual budget (ARS 33-1260), and the declaration typically requires reserves for major components. The board has a fiduciary duty under the Arizona Nonprofit Corporation Act (ARS 10-3830) to maintain adequate reserves. In practice this means most well governed Arizona associations commission a reserve study every 3 to 5 years even without a statutory mandate, because skipping reserves invites a fiduciary duty challenge.

Yes. ARS 33-1805 requires association financial and other records to be available to all members and authorized agents for examination during normal business hours. The association may charge a reasonable copy fee but may not charge for inspection. Members are entitled to receive copies of records by reasonable means including electronic delivery. ARS 33-1248 mirrors this for condominiums.

Under the Arizona Nonprofit Corporation Act (ARS 10-3830), a director must discharge duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner the director reasonably believes to be in the best interests of the corporation. Directors are entitled to rely on information from officers, committees, attorneys, accountants, and other reasonably reliable sources. Arizona applies a strong business judgment rule, which protects directors from second guessing when they made a reasonably informed decision in good faith.

Davis Stirling is the California Civil Code 4000 to 6150, the statute that governs every common interest development (HOA, condo, planned development) in the state. It sets the rules for board meetings, records access, reserve studies, assessment collection, member rights, and director fiduciary duty. Every California association regardless of size operates under Davis Stirling. The Annual Budget Report and Annual Policy Statement framework in Civ. Code 4525 ties many of these obligations together for owners and prospective buyers.

Yes. Civil Code 5200 entitles members to inspect and copy association records including board minutes, financials, contracts, and the membership list (with limited redactions). Boards must respond to records requests within 10 business days for most records and 30 days for older records. Records request disputes are the most frequent Davis Stirling complaints filed against boards, so minute keeping discipline is not optional.

California requires at least 4 days notice of an open board meeting and 2 days notice if the meeting is held entirely in executive session (Civ. Code 4920). Notice must include the agenda. Members may attend any portion not held in executive session. Executive session is limited to litigation, personnel, contracts under negotiation, member discipline, and certain assessment delinquency hearings. The 4 day rule is one of the most commonly missed requirements in small California associations.

SB 326 requires condominium projects of three or more multifamily units to inspect exterior elevated elements (balconies, decks, walkways, stairs, railings) by a licensed structural engineer or architect (Civ. Code 5986). AB 2579 (2024) extended the initial inspection deadline from January 1, 2025 to January 1, 2026. Subsequent inspections run on a 9 year cadence. Findings must be reported to the board within 45 days and immediate hazards reported to the local code enforcement agency within 15 days. Single family planned developments and townhomes without shared elevated structures are exempt.

Yes. Civ. Code 5550 requires the board to cause a study of the reserves at least once every three years by a qualified professional, with annual review. The study identifies major components the association is obligated to maintain, estimates remaining useful life and current replacement cost, and lays out a 30 year funding plan. The annual budget report must summarize the reserve study, disclose the percent funded ratio, and state whether a special assessment is reasonably foreseeable to fund reserves over the next five years (Civ. Code 5565). Underfunded reserves do not violate the statute, but failing to disclose them does.

Quorum and notice for member meetings is set by the governing documents, but Civil Code 5000 establishes baseline procedural rights including the member right to speak and to bring matters to the floor. Annual member meetings are required by virtually every set of CC and Rs. Boards should check the bylaws for the specific quorum percentage and confirm meeting practice matches what the governing documents say.

Civil Code 4525 requires the association to deliver a disclosure package to a selling owner within 10 days of request, before close of escrow. The package includes the governing documents, the most recent annual budget report and policy statement, the assessment delinquency notice, current insurance summary, pending litigation disclosures, and the FHA and VA certification status. The 10 day window is firm. Boards that miss it create real friction at closing.

Florida HOAs (planned developments, master associations, single family neighborhoods) are governed by Chapter 720 of the Florida Statutes. Florida condominiums are governed by Chapter 718. The two chapters parallel each other on records, meetings, lien rights, and fiduciary duty, but differ in important places. The director fiduciary duty for Chapter 720 HOAs is set out in 720.303(1). A board needs to know which chapter applies before reading any rule. If your community has both single family and condo units, both chapters can apply to different parts.

Yes. Florida Chapter 720 HOAs must maintain official records for at least seven years and make them available to any member within 10 business days of a written request (720.303(5)). Condominium records under Chapter 718 follow the same 10 business day window (718.111(12)). Inspection is free; the association may charge actual cost for copies. Failing to comply within 10 business days of a written request creates a presumption that the association willfully failed. Records request violations are the most frequent regulatory complaints against Florida condo boards.

Florida HOA board meetings must be open to all members, with notice posted in a conspicuous place at least 48 hours before the meeting (720.303(2)). Condo board meetings follow the same 48 hour rule (718.112(2)(c)). Meetings that will adopt rules affecting parcel use or impose special assessments require 14 day mailed or hand delivered notice to all members. Emergency meetings are an exception, but the emergency must be documented and reported at the next regular meeting.

HB 1021 (2024) eliminated the ability of unit owners to waive Structural Integrity Reserve Study (SIRS) funding for condominium and cooperative buildings three or more habitable stories. Every condominium controlling such a building must have a SIRS performed at least every 10 years by a licensed engineer or architect (718.112(2)(g)). The SIRS covers eight components: roof, load bearing walls or primary structural members, fire protection systems, plumbing, electrical, waterproofing and exterior painting, windows and doors, and any other item with a deferred maintenance or replacement cost exceeding $25,000. Existing buildings had a December 31, 2025 deadline. The 2026 budget (adopted in fall 2025 by most boards) is the first that must fully fund the SIRS. Single story and two story condos are exempt.

Yes for condominiums. The annual budget under Florida Statute 718.112(2)(f) must include reserve accounts for capital expenditures and deferred maintenance covering roof, painting, paving, and any other item with a deferred maintenance or replacement cost exceeding $10,000. Reserves are calculated using either straight line accounting or pooling. Membership cannot waive or reduce reserve funding below the SIRS amounts for condos three or more stories. HOAs under Chapter 720 follow a separate budget framework, but most declarations require comparable reserve funding.

Quorum and notice for condominium unit owner meetings are set by the bylaws. Florida Statute 718.112(2)(c) sets the open meeting and notice rules, with notice posted at least 48 hours before any board meeting. Owners have the right to attend and to speak on agenda items. Annual member meetings must be properly noticed under the bylaws, and most condo bylaws require physical or mailed notice 14 to 60 days before the meeting.

Florida Chapter 720 HOAs must produce the governing documents and an HOA disclosure summary, drawing on the official records the association must maintain under 720.303(5). Condominiums under Chapter 718 must provide a similar disclosure plus a condominium questionnaire and a current financial statement. The condo questionnaire turnaround is one of the most common closing delays for Florida boards that have not pre staged a records request workflow.

No. Before levying a fine or suspending use rights, the HOA must provide written notice and an opportunity for hearing before a committee of at least three members who are not officers, directors, or employees, or related to any officer, director, or employee (720.305). Fines are capped at $100 per day, $1,000 aggregate per violation unless the governing documents authorize higher amounts. Skipping the hearing step is one of the most common Florida board procedural mistakes that gets a fine reversed.

The New York Condominium Act is Real Property Law (RPL) Article 9-B, sections 339-d through 339-kk. RPL 339-e contains the foundational definitions for board of managers, common charges, common elements, and majority of unit owners. A condominium exists when the sponsor records a declaration under Article 9-B. The Act sets baseline rules for governance, common charge collection, and lien priority. Cooperatives are governed by the Business Corporation Law (cooperatives are corporations whose tenants are shareholders) and the Martin Act (GBL 352-e).

Yes. RPL 339-w requires the board of managers to keep detailed records of receipts and expenditures and make them available for examination by any unit owner at convenient hours of weekdays. The board must furnish a written summary of receipts and expenditures to each unit owner annually. Cooperatives have parallel rights under the BCL plus whatever the proprietary lease provides.

Notice and meeting rules for New York condominiums are set out in the bylaws, which must comply with RPL 339-v. Most bylaws require 10 to 30 days notice for annual member meetings and reasonable notice (typically 5 to 10 days) for board meetings. Notice must be reasonable in the circumstances. Cooperatives follow the proprietary lease plus the BCL.

NYC Local Law 97 (Admin Code 28-320) sets annual greenhouse gas emissions limits for buildings greater than 25,000 gross square feet (or two or more buildings on the same tax lot together exceeding 50,000 sf). The first compliance period runs from 2024 to 2029. The second runs from 2030 to 2034 with significantly stricter limits. The annual emissions report must be filed with the NYC Department of Buildings by May 1 of each year. Penalties for exceeding the limit are $268 per metric ton of CO2 equivalent over the cap. Cooperative and condominium buildings of this size are not exempt; they are among the most affected building classes. Outside NYC this section does not apply.

NYC Local Law 11 (Admin Code 28-302) requires buildings greater than six stories in NYC to inspect exterior walls and appurtenances every 5 years by a qualified exterior wall inspector. The inspection report (TR6 form) must be filed with the NYC Department of Buildings. Buildings are placed on a 5 year cycle (Cycle 10 runs 2025 to 2029). Failure to file timely creates an unsafe condition violation and may trigger Class 1 ECB penalties. Outside NYC, facade inspection rules are governed by local ordinance and are less stringent.

New York does not have a statutory reserve study mandate parallel to California or Washington. Reserve practice is governed by the bylaws and the board fiduciary duty under BCL 717. RPL 339-w requires annual financial disclosure to unit owners, which most boards use as the framework for showing the reserve position. NYC buildings subject to Local Law 11 and Local Law 97 typically need significantly larger reserves than the bylaws nominally require, because the facade and emissions capital programs are not optional.

New York condominium sales are governed by the offering plan filed with the New York Attorney General Real Estate Finance Bureau under General Business Law 352-e (the Martin Act). For resales (not first sales by the sponsor), the buyer typically receives a condominium questionnaire and the offering plan together with the contract. Boards must produce the financial statements, insurance summary, and any current litigation disclosures the questionnaire asks for. Misstatements in any of these can trigger Martin Act enforcement.

RPL 339-aa makes the common charge lien subordinate to first mortgages of record, but it takes priority over later mortgages and most other claims. In a mortgage foreclosure, the board may collect up to six months of unpaid common charges and assessments from the foreclosure sale proceeds before the mortgagee. This six month priority is a critical recovery tool for boards facing an owner who has stopped paying and is being foreclosed by the bank.

Business Corporation Law 717 requires a director of a corporation (which includes both not for profit condominium board of managers operating entities and for profit cooperative housing corporations) to perform duties in good faith and with the degree of care that an ordinarily prudent person would exercise in similar circumstances. Directors are entitled to rely on information from officers, committees, attorneys, accountants, and other reasonably reliable sources. New York applies a robust business judgment rule, which protects director decisions made on a reasonably informed basis.

Most Texas HOAs (planned developments, single family neighborhoods) are governed by the Texas Residential Property Owners Protection Act, Chapter 209 of the Property Code. Condominiums formed on or after January 1, 1994 are governed by Chapter 82 (the Texas Uniform Condominium Act). Older condos may be governed by prior statute plus their declaration. The two chapters cover parallel topics (records, meetings, lien rights, fiduciary duty), but procedural rules differ. The management certificate filing in 209.004 is the Chapter 209 framing.

Yes. A member is entitled to inspect and copy association records under Property Code 209.005. The association must produce records within 10 business days of a written request, unless the association certifies it cannot produce within that window, in which case it has an additional reasonable time. The association may charge actual cost of copies, but may not charge to inspect on site. Records older than seven years may have additional limits.

Texas Property Code 209.0051 requires notice at least 144 hours (six days) before a regular board meeting and at least 72 hours before a special or emergency meeting. The notice must include the date, time, location, and an agenda. Executive session is permitted only for narrowly defined topics (litigation, personnel, contract negotiations, member discipline). The 144 hour rule is one of the most commonly missed Chapter 209 requirements when boards try to add an agenda item late in the week.

HB 614 (2023) clarified Property Code 209.007. Before imposing a fine, charging an attorney fee, or suspending a member right of access, the association must provide written notice and an opportunity for hearing before the board or a designated tribunal. HB 614 required the notice to describe the alleged violation with specificity (general you violated the rules language is not enough), and the owner has at least 30 days to cure most violations before fines accrue. Boards that fine first and explain later see fines reversed.

Yes. Every Chapter 209 HOA must record a management certificate with the county clerk containing the name of the subdivision, the name and mailing address of the association, the recording data of the dedicatory instruments, the contact information for the management company, and the website address used to access dedicatory instruments. Within 7 days of recording with the county, the certificate must also be filed electronically with the Texas Real Estate Commission via hoa.texas.gov (Property Code 209.004, added by SB 1588). Failure to file with TREC suspends the HOA lien authority until the filing is cured. This filing is unique to Texas.

Quorum for board and member meetings is set by the dedicatory instruments. Property Code 82.108 establishes the open meeting and notice rules for condominiums under Chapter 82: annual member meetings must be held with notice not less than 10 or more than 60 days before the meeting. Chapter 209 HOA quorums are likewise set by the bylaws or declaration, with the notice requirements of 209.0051 layered on top.

Texas requires a resale certificate for HOA sales, with content set out in the dedicatory instruments and the management certificate framework (Property Code 209.004). The seller (through the title company) typically requests the resale certificate from the HOA or its management company. Most associations have 10 business days to produce. The certificate includes assessments owed, transfer fees, deed restrictions, and any pending violations on the property.

Only under tight rules. Property Code 209.0093 prohibits a Chapter 209 association from foreclosing an assessment lien by non judicial means unless the dedicatory instruments expressly authorize non judicial foreclosure and the procedural requirements of Chapter 51 of the Property Code are followed. Most associations must use judicial foreclosure, which requires a court order. Before suit, a 30 day certified mail notice under 209.0091 is required.