Arizona Statewide Rule
Arizona HOA Assessments, Liens & Foreclosure
Key Facts
- Governing law
- A.R.S. § 33-1807 (Title 33, Ch. 16)
- Lien attaches
- Automatically when assessment becomes due
- Foreclosure threshold
- 18 months delinquent OR $10,000, whichever first
- Prior threshold
- 1 year / $1,200 (changed by SB 1494, 2025)
- Lien expires
- 6 years after full amount due if not foreclosed
Summary
Under A.R.S. § 33-1807, unpaid assessments in an Arizona planned community become an automatic lien on the lot, and the association may charge late fees and interest if the declaration allows. The lien may be foreclosed like a mortgage, but only once the owner is delinquent 18 months or owes $10,000 or more.
33-1807 - Common expense liens; priority; mechanics' and materialmen's liens; notice 33-1807. Common expense liens; priority; mechanics' and materialmen's liens; notice A. The association has a common expense lien on a property for any assessment levied against that property from the time the assessment becomes due. The association's common expense lien may be foreclosed in the same manner as a mortgage on real estate but may be foreclosed only if the owner has been and remains delinquent in the payment of any assessment or portion of the assessment for a period of eighteen months or in the amount of $10,000 or more, whichever occurs first, as determined on the date the action is filed. The association board of directors shall exercise reasonable efforts to communicate with the member and offer a reasonable payment plan before filing a foreclosure action. If an assessment is payable in installments, the full amount of the assessment is a common expense lien from the time the first installment of the assessment becomes due. B. Notwithstanding any provision in the community documents, member expenses are not enforceable as common expense liens under this section. The association has a judgment lien for member expenses after the entry of a judgment in a civil suit for those member expenses from a court of competent jurisdiction and the recording of that judgment in the office of the county recorder as otherwise provided by law.
Full Breakdown
A.R.S. § 33-1807 gives the association a lien for any assessment 'from the time the assessment becomes due,' along with charges for late payment, reasonable collection costs, interest, and attorney fees if authorized in the declaration. The statute sharply limits foreclosure: the lien 'may be foreclosed only if the owner has been and remains delinquent in the payment of any assessment or portion of the assessment for a period of eighteen months or in the amount of $10,000 or more, whichever occurs first.' These 2025 thresholds (SB 1494) replaced the prior one-year / $1,200 trigger. Payments are applied first to principal, then interest, then late charges. A lien is unenforceable if foreclosure is not started within six years after the full amount becomes due.
Violations & Penalties
No specific statutory penalty on the owner beyond the debt. A delinquent owner faces late fees, interest, collection costs, and attorney fees as allowed by the declaration, and ultimately judicial foreclosure of the lien once the 18-month or $10,000 threshold is met.
Frequently Asked Questions
When can an Arizona HOA foreclose on a home for unpaid dues?
Can an Arizona HOA charge interest and late fees on assessments?
Did Arizona's HOA foreclosure threshold change?
Sources
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