Arizona law allows HOAs to levy assessments per the CC&Rs and create liens for unpaid amounts. Judicial foreclosure is required for assessment liens on planned community lots, and lien priority rules protect homeowners from improper collection.
Under Arizona's Planned Communities Act, HOAs may levy regular and special assessments as authorized by the governing documents. The association has a lien on each lot for unpaid assessments, late charges, and costs of collection including attorney fees (ARS 33-1807). However, foreclosure of an assessment lien on a planned community lot requires judicial foreclosure — the HOA cannot use non-judicial (trustee sale) foreclosure. The lien is subordinate to first mortgages and certain tax liens. Before recording a lien, the HOA must provide written notice and a reasonable cure period per the CC&Rs. Special assessments typically require a member vote per the bylaws. Late fees must be reasonable. The association must provide an annual budget to members and maintain adequate reserves. An owner may request a payoff statement showing all amounts owed, and the association must respond within 10 days (ARS 33-1807).
Unpaid assessments result in a lien that can be judicially foreclosed. Late fees and attorney fees are added. The association may suspend common area privileges for delinquent members per the bylaws.
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