homeowner's associations; expiration

Plain English Breakdown

The official source material does not specify the exact process for reestablishing a planned community or what happens to rules and fees after expiration, leaving these points as unknowns.

Homeowner's Associations; Expiration

This bill sets a mandatory expiration date for declarations of homeowner's associations and planned communities in Arizona.

What This Bill Does

• Sets January 1, 2127 as the expiration date for all declarations of homeowner's associations (HOAs) unless they are older than that date.
• Declares that HOA declarations expire one hundred years after their original recording date.
• Requires that when an HOA expires and dissolves, it must wind up its business and liquidate its affairs as required by law.
• Allows property owners to voluntarily reestablish a planned community after the expiration of the declaration.

Who It Names or Affects

• Homeowner's associations
• Planned communities
• Property owners in these communities

Terms To Know

declaration

The legal document that establishes and governs a homeowner's association or planned community.

dissolution

The process of ending an organization, in this case, a homeowner's association.

Limits and Unknowns

• Does not specify what happens to the rules and fees set by HOAs after their expiration.
• Does not provide details on how property owners can reestablish a planned community.
• The bill has passed both chambers but its final status is pending executive action.

Official Summary Text

HB2172 - homeowner's associations; expiration

Current Bill Text

HB2172 - 572R - I Ver

PREFILED��� JAN 08 2026

REFERENCE TITLE:
homeowner's associations; expiration

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2172

Introduced by

Representative
Carter N

AN
ACT

amending title 33, chapter 16, article 1,
Arizona Revised Statutes, by adding section 33-1801.01; relating to planned
communities.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 33, chapter 16, article 1,
Arizona Revised Statutes, is amended by adding section 33-1801.01, to read:

START_STATUTE
33-1801.01.

Mandatory expiration of declaration; association dissolution

Notwithstanding any other law or any provision
in the community documents:

1. each declaration expires and is
unenforceable and each association dissolves on the later of:

(
a
) January 1,
2127.

(
b
) One hundred
years after the date on which the original declaration was recorded.� An
amendment to the original declaration or the creation of a new planned
community or association from all or any portion of an existing planned
community does not ESTABLISH a new one hundred year-period.

2. On expiration of the declaration
and dissolution of the association, the dissolved association shall wind up and
liquidate its business and affairs as otherwise provided by law.

3. After expiration of the
declaration and dissolution of the association, any or all of the property
owners in the terminated planned community may voluntarily REESTABLISH a
planned community for the properties as otherwise PROVIDED by law.
END_STATUTE