Based on recent Arizona legislation, particularly from the 2025 legislative session, there are no entirely new HOA laws scheduled to take effect precisely on January 1, 2026.
However, one significant ongoing requirement under House Bill 2298 (HB-2298), enacted in 2023 and effective November 2023, imposes a mandatory deadline of June 30, 2025, for certain HOAs to conduct a community vote on regulating public roadways (e.g., speed limits, parking restrictions). This directly impacts HOA authority in 2026, as the outcome of these votes will determine enforceable rules starting July 1, 2025, and continuing thereafter. Failure to hold the vote or a failed vote means the HOA loses authority over these public streets permanently, reverting control to municipal or county governments.
This change applies specifically to HOAs in planned communities where the declaration (governing documents) was recorded before January 1, 2015, and where the community includes roadways owned by governmental entities (e.g., city or county streets). HOAs formed after that date already lack authority over such public roads. The intent is to prevent HOAs from over-regulating public infrastructure without homeowner consent, addressing complaints about outdated or overly restrictive rules in older communities.
Details of HB-2298’s Impact on 2026 HOA Operations
- What Must Happen by June 30, 2025?
- The HOA board must schedule and hold a special meeting with a quorum of owners to vote on whether the association should retain authority to enforce traffic regulations (e.g., parking citations, speed limits) on public roadways within the community.
- A simple majority vote (assuming quorum is met) is sufficient to retain authority.
- If approved, the board must record a notice with the county recorder confirming the HOA’s continued regulation.
- Consequences Starting in 2026:
- If the vote passes: The HOA retains its pre-existing authority to issue citations, fines, or other enforcement for violations on those public roads. This could continue indefinitely unless challenged or amended later.
- If the vote fails or no vote is held: All existing HOA regulations on those public roadways automatically expire on July 1, 2025. In 2026 and beyond, the HOA will have no authority to regulate parking, speed, or related traffic issues on public streets—enforcement reverts to local government (e.g., city police for tickets). The HOA cannot reinstate these powers without future legislative changes.
- This does not affect private HOA-owned roads, one-way streets, or condominium communities (which fall under separate statutes).
- Why This Matters for 2026:
- As of September 2025 (current date), many qualifying HOAs are preparing for this vote. Post-deadline, 2026 will see a clearer landscape: some communities will maintain HOA control, while others will shift to public oversight, potentially reducing fines and disputes but increasing reliance on local law enforcement.
- Homeowners in affected communities should check their HOA’s declaration recording date and attend any upcoming meetings. If your HOA misses the deadline, expect changes in how parking and traffic are handled starting mid-2025, fully realized in 2026.
Other Relevant 2025 Legislation with Potential 2026 Implications
While not direct “2026 changes,” the 2025 session (adjourned around June/July 2025) produced several bills signed into law, effective approximately 90 days after adjournment (likely September/October 2025). These could influence HOA operations in 2026, especially if they involve implementation periods or ongoing compliance. Key ones include:
Bill: HB on Homeowners’ Associations; Meetings; Recordings (Signed March 31, 2025)
Summary: Requires HOAs to retain unedited recordings of open board meetings for at least 6 months and provide copies to members upon request. Applies to meetings open to members.
Effective Date & 2026 Relevance: Effective ~ 90 days after 2025 session adjournment (late 2025). In 2026, this enhances transparency; boards must budget for storage and respond to requests promptly, or face potential disputes.
Bill: SB on Political Signs; Homeowners’ Associations (Signed May 2, 2025)
Summary: Expands “political sign” definition to include signs or flags, prohibiting HOAs from restricting them (with reasonable time/place/manner rules allowed). Builds on prior laws protecting political activity.
Effective Date & 2026 Relevance: Effective late 2025. By 2026, HOAs cannot ban election-related flags/signs, reducing enforcement actions during election cycles.
Bill: SB on Accessory Dwelling Units (ADUs); Requirements
Summary: Updates municipal/county regulations for ADUs (e.g., owner-occupancy requirements for new ADUs). If counties don’t adopt rules by January 1, 2026, ADUs are allowed on all residentially zoned lots without limits. Exempts certain historical properties effective December 31, 2025.
Effective Date & 2026 Relevance: Partial effective December 31, 2025; full county deadline January 1, 2026. In 2026, HOAs may see more ADU applications; governing documents cannot conflict with state allowances, potentially overriding restrictive CC&Rs.
These 2025 laws focus on transparency, free speech, and housing flexibility, aligning with broader trends in Arizona HOA reforms. No major overhauls (e.g., to assessments or foreclosures) are set for 2026 based on current information.
Recommendations for Arizona HOA Residents and Boards
- For Homeowners: Review your HOA’s governing documents and attend the 2025 vote if applicable. If concerned about changes, consult the Arizona Department of Real Estate for dispute resolution or an attorney for rights under the Arizona Planned Communities Act (A.R.S. § 33-1801 et seq.).
- For Boards: Schedule the HB-2298 vote well before June 30, 2025, and notify members at least 48 hours in advance (per open meeting laws). Update policies for recordings and political displays to comply with new rules.
- General Advice: Arizona HOA laws evolve frequently; check the Arizona Legislature website (azleg.gov) for updates. For personalized guidance, contact a real estate attorney specializing in HOAs, as these changes can affect property values and daily community life.