Arizona REALTORS® Revised Form Release for November 2026
On or about November 1, 2026, the Arizona REALTORS® will release a revised H.O.A. Condominium/ Planned Community Addendum.[1] Only a month ago, page two (2) of the form was amended to match the requirements of a new Arizona law that clarified and expanded information that must be provided to potential purchasers of property governed by a planned community. In contrast, the November revision implements changes to pages one and three to address problems that arise when H.O.A.s fail to provide accurate fee information. This article and frequently asked questions (FAQs) will provide background on issues encountered by REALTORS®, discussion of the form revisions, and offer best practices for implementing the changes.
A redline version of the revised H.O.A. Condominium/Planned Community Addendum is available here.
BACKGROUND
Currently, the H.O.A. Condominium/ Planned Community Addendum provides that the seller fills in the information on page 1 of the form which includes fees related to the transfer of title, fees related to capital improvements, and other miscellaneous fees. On page 3 of the current form, the buyer selects which fees they will pay as a term of their purchase offer via click boxes. Unfortunately, the Arizona REALTORS® received feedback that H.O.A.s fail to consistently provide accurate fee information, convey inaccurate fee amounts, and sometimes even change the name of fees or fee amounts during escrow. As a result, the parties and the escrow company may struggle to determine what amounts should be paid by which party.
REVISIONS
The name of the form has been changed to the H.O.A. Condominium/Planned Community Notice and Addendum. The new name clarifies the separate sections of the form that serve as the seller’s notice of H.O.A. information and the buyer’s terms of their offer as an addendum to the purchase contract.
Line 3: Homeowner’s association is now defined as “HOA” without the periods ( H.O.A.) for simplicity, and the change is carried through the form.
Line 15: “Association” is added to clarify that the space is available to disclose only other associations (not golf memberships, etc.).
The subsection of amounts payable upon close of escrow has been expanded to include “Dues” that are paid in advance of their due date (now FEES AND DUES PAYABLE UPON CLOSE OF ESCROW)
Lines 17-32: Dues and fees disclosed by the seller are reordered with Prepaid HOA Dues appearing first, followed by Disclosure Fees, Transfer Fees, Capital Improvement Fees, and Other Fees.
Line 17: Prepaid Association(s) Fees is renamed “Prepaid HOA(s) Dues” to emphasize these amounts collected at closing benefit the buyer and are not intended to disclose what the seller paid previously.
Lines 19-23: The Disclosure Fees section has been simplified but still accurately reflects Arizona law.
Lines 25-27: Capital Improvement Fees can now be disclosed as a flat amount or as a percentage of the purchase price.
Line 29: An additional blank line has been added to explain Other Fees that may be charged by an HOA.
Line 72: “AT THE TIME OF THE OFFER” is added to emphasize that the seller should not complete the buyer’s terms beforehand.
Line 74: The Date line has been moved from page 1 of the form.
Lines 79-81: The buyer now chooses a total amount not to exceed a specified dollar amount to contribute towards Transfer Fees, Capital Improvement Fees, and Other Fees. Seller shall pay any remaining amounts of those fees regardless of whether the fee amounts listed on page 1 are incorrect or left blank. This is the most significant change to the form.
Lines 92-93: The current Buyer Verification section has been moved to the Buyer Acknowledgement section.
Lines 99-100: If not previously provided, the seller must complete page 1 of the form and deliver it to the buyer within 3 days of contract acceptance.
FREQUENTLY ASKED QUESTIONS
Q1. Why were the click boxes removed and replaced with a flat amount for the buyer to contribute towards Transfer Fees, Capital Improvement Fees, and Other Fees?
A1. The workgroup recognized that some HOAs fail to consistently provide accurate fee information. For example, a buyer may have agreed to pay the Transfer Fees that were disclosed to be $350 but were actually $800. In such circumstances, the buyer may lack the additional funds to close the transaction or may blame their REALTOR® for the unexpected increase. Under the revised form, the buyer will now offer to pay an amount not to exceed $350 and that amount would be capped.
Q2. But in that scenario, the seller would now be responsible for the additional amounts. If the HOA provided the seller with the wrong fees, why is it fair to make the seller responsible?
A2. The seller is in a better position to confirm the fees charged by their HOA. First, the seller is a member of the HOA and can request records related to fees charged by their HOA. See A.R.S. § 33-1805 (“all financial and other records of the association shall be made reasonably available for examination by any member. . .” and “the association shall have ten business days to fulfill a request for examination.” The potential buyer has no such right to request records and HOAs may choose not to even speak to a non-member. Second, the seller has ample time to verify the fees charged by the HOA. Pursuant to page 6 of the Residential Listing Contract, the “Owner shall complete and return to Listing Broker page 1 of the HOA Addendum.” The seller, therefore, has the time and legal authority to verify the fees charged by their HOA.
Q3. Why does the form now allow the Capital Improvement Fee to also be disclosed as a percentage of the purchase price?
A3. Some HOAs impose a Capital Improvement Fee based on a percentage of the purchase price. The form has been revised to reflect this fact.
Q4. The HOA charges a “non-declarant fee.” Where should the seller disclose this fee?
A4. HOA fees that do not clearly fit in the buckets of Transfer Fees or Capital Improvement Fees should be listed under Other Fees and identified in the explanation space. An additional line for explanation is now provided.
Q5. The buyer wishes to offer both an amount towards HOA fees and a percentage of the purchase price. How should the buyer do this?
A5. Best practice would be for the buyer to leave line 79 blank and write their intentions under the Additional Terms and Conditions subsection (e.g. “Buyer shall pay a total amount not to exceed $500 in addition to 1/8% of the Purchase Price towards Transfer Fees, Capital Improvement Fees, and Other Fees.”). Please note the buyer would pay those amounts in addition to all Prepaid HOA Dues.
Q6. The seller failed to disclose a fee on page 1 of the form. Who is responsible for paying that fee?
A6. Most likely the seller. The buyer’s offer will now include an amount not to exceed a specified dollar amount to be applied towards Transfer Fees, Capital Improvement Fees, and Other Fees. The seller is obligated to pay any remaining amounts towards those fees “regardless of whether the fee amounts listed on page 1 are incorrect or left blank.” Therefore, if the undisclosed fee exceeds the total amount offered by the buyer, the seller must pay it. Please note the buyer is always responsible for paying the Prepaid HOA Dues, even if the seller incorrectly discloses, or fails to disclose, that amount.
Q7. The current form works well in my area. Can I continue to use the current form after November 1st?
A7. No. The Arizona REALTORS® form library only contains current forms and to mitigate your risk, REALTORS® should ensure they are always using the most recent version of each form.
Q8. Should I have my seller fill out a new H.O.A. Condominium/Planned Community Notice and Addendum when it becomes available?
A8. Yes. Best practice would be for the listing agent to have their seller fill out the new form once it becomes available. At the same time, the listing agent should explain to the seller that the buyer will be offering a total amount towards HOA fees, and the seller will be responsible for paying the remaining amounts. The listing agent should emphasize the need for the seller to verify the correct fees from their HOA pursuant to a request authorized by A.R.S. § 33-1805. This will ensure the seller does not become obligated to pay unanticipated amounts.
This guidance is also best practice for all listing agents to utilize when taking a new listing.
Q9. Isn’t utilizing the new H.O.A. Condominium/Planned Community Notice and Addendum against the interests of the seller?
A9. No. Given the uncertainty that HOAs may provide incorrect fee amounts, some potential buyers chose not to offer any amounts towards HOA fees. Therefore, limiting the total amount that buyers are responsible for will encourage them to contribute some amount towards HOA fees.
Q10. After release of the new H.O.A. Condominium/Planned Community Notice and Addendum , the seller still has the current form uploaded in the multiple listing service. Which form should the buyer make their offer on?
A10. Best practice would be for the buyer to make their offer utilizing the new form, even if the first page is left blank. Doing so will protect the buyer from unanticipated HOA fee amounts.
Q11. Why was the language on line 99-100 added (“If not previously provided, Seller shall complete page 1 of this Notice and Addendum and deliver it to Buyer within three (3) days after Contract acceptance.”)?
A11. Some sellers fail to complete page 1 of the form and upload it into the multiple listing service as instructed. In such circumstances, this language ensures that the seller is still obligated to disclose the information on page 1 of the form.
Aaron M. Green, Esq., a licensed Arizona attorney, is the General Counsel for the Arizona Association of REALTORS®. This article is of a general nature and reflects only the opinion of the author at the time it was drafted. It is not intended as definitive legal advice, and you should not act upon it without seeking independent legal counsel.
Prior Form Revisions
The Arizona REALTORS® strives to keep its forms up to date as laws change or industry practice evolves. Once released, the forms library contained on all Arizona REALTORS® forms licensing platforms is updated.
Form updates are made to minimize your risk and ensure legal compliance. Don’t take a chance with outdated forms. Prior Arizona REALTORS® form revisions (2014 – 2026) can be found at: Form Revision Updates https://www.aaronline.com/2019/05/20/form-revision-updates/
[1] Thank you to the 2026 HOA Addendum workgroup for their efforts to revise the form. The workgroup was chaired by Wendy Shaw. Other workgroup members were Martha Appel, Lori Burress, John Haller, Matthew Howard, James Moore, Steve Redmond, Mary Ann Shryack, Todd Smith, and Heather Werner.