Return to Research Portals and Guides
Homeowners Associations Research Guide
Scope and Access
This guide is intended to be used as a resource to the laws governing homeowners associations, planned communities, and condominium communities. The guide includes references to the laws of the state of Arizona which govern the creation, running of and conflicts involving these associations. There are both online resources and print resources that are available in the law library.
The call numbers on this page link to library catalog records, which provide information about location, availability, and currency of each item in the Ross-Blakley Law Library. Links to commercial databases will open in a new tab or window.
Westlaw and LexisNexis links will take you to the specified database if you have a password. These links work better if you are already logged in. The College of Law provides Westlaw and LexisNexis passwords to its law faculty, staff, and students. Links to these commercial databases will open in a new tab or window.
Loislaw links will take you to the Sign-In page. State Bar of Arizona materials are included in the Arizona state library and the Bar Publications library on Loislaw. College of Law faculty, staff, and students can obtain the access code via ASURITE.
I. Arizona Statutes
A. Arizona Revised Statues Annotated, Title 33, Property: Online
The Arizona Legislature provides free online access to the Arizona Revised Statutes. The online version as provided is unannotated and does not contain historical notes or other library references. Users can browse by title and section, and choose “Next Document” or “Previous Document” links to view consecutive statutes in a chapter. The site includes access to past versions of the statutes going back to the Forty-Second Legislature, First Regular Session (1995).
- Title 33, Chapter 9, Condominiums
- Title 33, Chapter 11, Arizona Mobile Home Parks Residential Landlord and Tenant Act
- Title 33, Chapter 16, Planned Communities
- Title 33, Chapter 18, Homeowners Association Dwelling Actions
- Title 33, Chapter 20, Timeshare Owners' Association and Management Act
B. Arizona Revised Statutes Annotated, Title 41, State Government: Online
Homeowners can file a request for hearing against a Homeowners Association under ARS §41-2198 et seq. As applied, these statutes allow homeowners to pursue complaints before an administrative law judge. Complaints are based on violations of the statutes in ARS Title 33.
C. Arizona Revised Statutes Annotated: in Print
The Arizona Revised Statutes in print contain the official text and titles of the Arizona statutes. The ARS is fully annotated and includes notes of decisions, cross-references to other library resources, and law review citations. The library holds a number of copies; follow the call-number link for locations: KFA2430 1956 .A2.
II. Department of Fire, Building and Life Safety
The Office of Administration of the Department of Fire, Building and Life Safety is responsible for petitions by homeowners against Homeowners Associations in Arizona.
The site provides access to the instructions and forms to use when filing a complaint under Arizona Revised Statutes Title 33, Chapter 9 or 16, or the condominium or planned community documents.
III. Books in the Law Library Collection
- The Law of Condominia and Property Owners' Associations / Warren Freedman and Jonathan B. Alter
- KF581 .F74 1992
- The American Bar Association Guide to Home Ownership: The Complete and Easy Guide to All the Law Every Home Owner Should Know
- KF390.H53 A46 1995 and ABA website
- Community Association Law in Arizona / by Scott B. Carpenter
- KFA2514.C6 C37 2005 and Loislaw
- Understanding Modern Real Estate Transactions / Alex M. Johnson, Jr.
- KF566.5 .J64 2001
- Condominium and Co-op Closings: A Practical Guide to Residential and Commercial Properties / William Jay Lippman
- KF581.Z9 L57 2000; LexisNexis: PLI;CONCC; and Westlaw: PLIREF-CONDO
- Home and Condo Defects: A Consumer Guide to Faulty Construction / Thomas E. Miller and Rachel M. Miller
- KF902.Z9 M55 2001
- The Restatement of the Law — Property: Servitudes / by the American Law Institute
- Chapter 6, Common Interests
- KF395.A2 P7422 2000; LexisNexis: 2NDARY;PSERV2 (rules) and PSERV3PSERV3 (case citations); and included in Westlaw: REST-PROP
- Understanding Property Law / John G. Sprankling
- KF561 .S67 2007
- Condominium and Homeowner Associations that Work: On Paper and in Action / David B. Wolfe
- HD7287.82 .U6 W64
IV. More Online Information
- American Homeowners Resource Center:
- http://www.ahrc.com/new/index.php/src/news
- Contains information and news about government, business, forums, communications, courts, and links to resources about HOAs.
- Arizona Association of Realtors
- http://www.aaronline.com/ConsumerAssistance/
- The Arizona Association of Realtors provides information to consumers about living and selling in planned communities. Links are provided for consumer assistance. The website also includes many real estate forms including those that regard condominiums, HOA's, and planned communities. For forms click on the following link and browse the list: http://www.aaronline.com/ForRealtors/Forms/
- Central Arizona Chapter of the Community Associations Institute
- http://www.cai-az.org/
- Phone: 602/765-0454
Email: info@cai-az.org
- The CAI-AZ is an organization that provides resources for business and networking needs of community associations in the Phoenix area.
- Community Associations Institute
- http://www.caionline.org/about/facts.cfm
- National organization intended to provide information and resources about HOAs.
- Department of Fire, Building and Life Safety of Arizona.
- http://www.dbfs.state.az.us/
- The state of Arizona's Department of Fire, Building and Life Safety is responsible for providing an alternative venue to the legal system for dispute resolution between association members and the homeowners association. Includes information about filing a complaint and the petition form to use when filing.
- Scottsdale Council of Homeowners Associations
- http://www.scottsdalehoa.com/
- Phone: 480/994-4386
- The Scottsdale Council of Homeowners Associations is an organization for member associations to share information about homeowners associations.
- Southern Arizona Chapter of the Community Associations
- http://www.soaz-cai.org/
- Phone: 520/622-5145
The CAI-AZ is an organization that provides resources for business and networking needs of community associations in the Phoenix area.
By Amy Levine; updated 4/08. Friendly URL: http://www.law.asu.edu/HOA.
|
