2026 HOA Law: Proposed Changes Explained
Board of Directors Duties & Powers: Liability, Conflict
ARS 33.1243 (Condo Associations) & 33.1811 (Planned Community Associations)
Understanding the New REFORM BILL TO ARS 33.1243 & 33.1811 (Board of Directors powers and duties)
To set the stage for new readers who are just tuning in to this HOA mess: Arizona has two separate sets of laws — one for Condominium Associations and another for Planned Community Associations. The differences between them are subtle but important. As you read and do your research, be sure the specific law applies to your scenario, via Condo or Planned Communities.
The blue text in the bill represents new language — a direct response to growing abuse and manipulation inside Arizona communities. These changes restore checks and balances missing for decades, protecting homeowners from conflicts of interest and hidden agendas.
Stopping Board and Management Collusion
What the Legislature Is Really Saying
The Legislature recognizes a long-standing problem: boards have been manipulated and misinformed by industry insiders. By putting clear duties and protections into statute, they’re making the law accessible while protecting volunteers who do the right thing.
Accountability for Bad Actors
Boards that knowingly break their duties can still be held responsible. More importantly, paid advisors face new accountability: if a management company or law firm knowingly gives bad or illegal advice, they can now be held liable for steering the board in the wrong direction.
This is huge — historically, law firms and managers escaped accountability even when their bad guidance caused massive financial or legal harm to associations.
Call to Action: Your Voice Can Change HOA Law
Real reform won’t come from inside the industry—it will come from you. It will come from thousands of homeowners refusing to accept that their property rights can be dictated by entities that profit off their silence.
It will come when legislators realize that their true constituents are not the trade groups writing checks—but the voters living under HOA rule.
The next legislative session is our opportunity to demand accountability, fairness, and transparency in HOA law.
This 2026 legislative session is your chance.
Every year, bills are written, debated, and passed that shape HOA powers, owner rights, and limits on attorneys and management companies. But lawmakers only prioritize reform when they hear from the people who live under these systems every day: homeowners like you.
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