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Arizona Condo Laws: Who Repairs What

Arizona condos are governed by the Arizona Condominium Act in Title 33, Chapter 9 of the Arizona Revised Statutes. The act sets default repair, insurance, and resale disclosure rules, but the declaration can change the repair split. Owners can also bring certain disputes with their association to an administrative law judge instead of court.

Last reviewed: October 2026

Governing law

Arizona Condominium Act

A.R.S. Title 33, Chapter 9 (33-1201 et seq.)

Planned communities (non-condo HOAs) fall under a separate law, A.R.S. 33-1801 et seq.

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

A.R.S. 33-1247(A) says that, except to the extent the declaration provides otherwise, the association is responsible for maintenance, repair, and replacement of the common elements, and each owner is responsible for maintenance, repair, and replacement of their unit. Owners must allow reasonable access through their unit for these repairs. If damage happens where access is taken, the party responsible for the damage pays for prompt repair. Unless the declaration says otherwise, costs to maintain, repair, or replace a limited common element are assessed equally against the units it is assigned to (A.R.S. 33-1255(C)).

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

Unless the declaration says otherwise, A.R.S. 33-1212 makes drywall, plaster, paint, tile, wallpaper, finished flooring, and other finished surfaces part of the unit. The rest of the wall, floor, or ceiling is a common element. A duct, wire, or pipe that serves only one unit is a limited common element of that unit. Balconies, patios, porches, exterior doors, and windows that serve one unit are limited common elements of that unit.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

  • The association maintains common elements and owners maintain units, unless the declaration says otherwise (A.R.S. 33-1247).
  • Limited common element repair costs are assessed to the units they serve, unless the declaration says otherwise (A.R.S. 33-1255(C)).
  • The association must tell each owner in writing every year about their responsibility for insurance deductibles and the amount of each deductible (A.R.S. 33-1253(K)).
  • Owners may examine association records, and the association has 10 business days to respond (A.R.S. 33-1258).
  • The board must arrange an annual financial audit, review, or compilation (A.R.S. 33-1243(J)).
  • An administrative law judge can hear complaints about the Condominium Act and condo documents (A.R.S. 32-2199).

Reserve studies

Arizona does not require condo associations to conduct reserve studies. The association adopts budgets that include reserves (A.R.S. 33-1242), and the resale disclosure must include the most recent reserve study if one exists (A.R.S. 33-1260). A missing or very old study is worth asking about before you buy.

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in Arizona

Administrative hearings for HOA disputes

Under A.R.S. 32-2199, an administrative law judge can decide complaints about compliance with the Condominium Act and condominium documents. This process runs through the Arizona Department of Real Estate and can be faster and cheaper than a lawsuit. It may fit disputes over whether the association followed the declaration on repairs or records requests. Check the Department's current filing rules and fees before you file, and keep copies of every written request you send.

Insurance and deductibles

Under A.R.S. 33-1253, the association must carry property insurance on the common elements (and on units if the condo documents require it) for at least 80 percent of actual cash value after deductibles, plus liability insurance. To the extent available, the policy includes units but need not cover owner improvements or personal property. The association's policy is primary when an owner has other insurance on the same property. Each year, the association must tell owners in writing about their responsibility for deductibles and the amount of each deductible.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a Arizona condo

A.R.S. 33-1260 requires a resale disclosure within 10 days. In condos with fewer than 50 units, the seller provides it within 10 days after accepting the buyer's offer. In condos with 50 or more units, the seller notifies the association, which must provide it within 10 days. It includes the declaration, bylaws, rules, minutes from the last three board meetings, budget, the latest audit or review, the reserve study if any, pending lawsuits, and insurance certificates. Fees are capped at $400, plus up to $100 for rush service. 2026 legislation (HB 2397) revised this section.

Frequently Asked Questions

Who fixes a broken window in an Arizona condo?

Under A.R.S. 33-1212, exterior windows that serve one unit but sit outside its boundaries are limited common elements of that unit. Unless the declaration says otherwise, the association handles upkeep of common elements, but the cost of limited common element repairs is assessed to the unit it serves (A.R.S. 33-1255). Your declaration may shift the work itself to owners, so read it first.

Do Arizona condo associations have to do reserve studies?

No. Arizona does not require condo reserve studies. Associations adopt budgets that can include reserves, and the resale disclosure must include the most recent reserve study if there is one. If there is no study, ask how the board sets reserve contributions and whether any large repairs are expected soon.

Can I file a claim on the HOA master policy myself in Arizona?

Yes, but you must report the loss to the association first. The association then has 10 business days to give you a written decision on whether it will file a master policy claim. If it decides not to, it must explain why (A.R.S. 33-1253(E)). After that, you may report the loss yourself as an insured person under the policy.

How long does my Arizona HOA have to show me its records?

Ten business days. Under A.R.S. 33-1258, the association must make records reasonably available for examination at no charge within 10 business days of a request. Copies must also be provided within 10 business days, for no more than 15 cents per page. Some records may be withheld, such as attorney communications and pending litigation files.

Important: This is a general overview of Arizona condo law for education, not legal advice. Laws change, and your declaration and bylaws control many details. For a specific dispute, talk to a Arizona-licensed attorney.