If you accept an offer on your Optima Camelview unit on September 10, you close out your resale disclosure under one set of rules. If your neighbor two floors up accepts an offer on September 15, they are working under a different statute entirely, one with a bigger packet, a tighter clock, and real money attached to getting it wrong. Same building. Same HOA. Five days apart. Different scenario.
That is not a hypothetical for anyone listing a high-rise condo in Old Town Scottsdale this fall. Arizona House Bill 2397, signed by Governor Hobbs earlier this summer, amends the two statutes that govern every condominium and planned-community resale in the state, and it takes effect September 12, 2026. That is not a date on a future legislative calendar. It is three weeks from today.
The disclosure packet just got heavier
Before this law, a resale disclosure request in Arizona produced a fairly standard file: bylaws, declaration, a dated statement of dues owed, the current budget, the most recent financial report, the most recent reserve study if one existed, and a note on pending lawsuits. Useful, but thin on the things that actually predict a special assessment.
Starting September 12, the packet has to include a lot more:
- Board meeting minutes, not just the annual budget
- Financial statements beyond the current-year budget snapshot
- Declarant-control status, meaning whether the developer still holds board seats
- Outstanding, unresolved violation notices tied to the unit
- Any special assessment the board approved but had not yet billed owners for in the prior four months
- For condominiums specifically, any known material deficiency in a common element, roofing, structural, mechanical, that could trigger a directly assessed repair cost within six months of the buyer closing
That last item is the one worth sitting with. It means a board that knows the parking structure needs work, or that the pool deck has a deficiency likely to become a bill, has to say so in writing to anyone under contract, not wait for the annual meeting to bring it up.
The clock used to start on a generic request. Now it starts the moment a seller accepts a buyer's offer, and the association has ten days to get the packet out, electronically if it wants. For buildings with fifty or more units, which covers every Optima property in Scottsdale, the association itself is on the hook for that ten-day window once it receives written notice of the pending sale.
What to do before September 12
If you are listing a condo in one of Scottsdale's towers this fall or weighing your options in The Optima Camelview, The Waterfront luxury condos or any others in the area before the new disclosure rules take hold, Merritt Estates can walk through the next steps and timeline. Book an appointment and let's look at the numbers together before you list.
