The Two-HOA Line on a Desert Ridge Settlement Statement

The Two-HOA Line on a Desert Ridge Settlement Statement

  • July 16, 2026

Most Desert Ridge closings run clean until the buyer sees the HOA section of the final settlement statement. Two disclosure fees. Two transfer entries. Sometimes a community enhancement fee sitting quietly below them. The buyer's agent had promised the number was capped by state law, and the number on the page is not that number.

Both sides are correct. The cap exists. It just does not work the way most people assume it works, and Desert Ridge is one of the few Phoenix submarkets where that assumption breaks on almost every transaction.

The cap is per association, not per closing

Arizona Revised Statutes § 33-1806(C) sets the ceiling on what a homeowners association can charge for a resale disclosure packet, lien estoppel, and any other services related to the transfer or use of a property. The aggregate is four hundred dollars. A rush fee of up to one hundred dollars is allowed if the packet is requested inside seventy-two hours. A document update fee of up to fifty dollars is allowed if thirty days or more have passed since the original delivery.

That is the language every experienced Arizona listing agent quotes. The word doing quiet work in the statute is association. Where a property sits under a master association and a sub-association, both are separate legal entities under Title 33, and each is entitled to its own aggregate fee. A Desert Ridge closing is not one HOA closing. It is two.

What the two-HOA stack actually looks like

Almost every residential parcel inside the 5,700-acre Desert Ridge master plan sits under the Desert Ridge Community Association, managed by FirstService Residential from the office at 5415 E High Street, Suite 133, in the High Street district. DRCA is the master. Every sub-community layers its own association on top of it, with its own management company, its own budget, and its own disclosure packet.

Sub-community Sub-HOA management Master Product type
Aviano at Desert Ridge CCMC DRCA / FirstService Toll Brothers single-family, 902 homes on 400 acres
Fireside at Desert Ridge Associated Asset Management DRCA / FirstService Del Webb single-family and patio
Toscana at Desert Ridge Associated Asset Management DRCA / FirstService Statesman gated condominium
Bella Monte Brown Community Management DRCA / FirstService Condominium and townhome
Sky Crossing, Talinn Varies by phase DRCA / FirstService Semi-custom and production

Two disclosure packets are requested. Two are delivered. Two fees are charged. Both are legal under the same statute the buyer's agent quoted from memory.

The line that is not capped

The disclosure fee is the fee that gets the attention because the cap is easy to explain. The line that actually reshapes a settlement statement is a different one, and it is not governed by ARS 33-1806 at all.

A transfer fee authorized in a community's recorded CC&Rs is a separate charge, paid to the association for a defined purpose such as funding reserves or seeding a working-capital account. Arizona case law and the plain reading of the statute treat this fee as outside the four-hundred-dollar aggregate. If the declaration allows it, the association can charge it. Some Phoenix-area communities set it as a flat number. Others set it as a fraction of the sale price, commonly a quarter to a half of one percent, which on a $1.15 million Aviano median or a $1.10 million Fireside median is a four-figure line item, not a rounding error.

Two things follow from this. First, the capped fee and the uncapped fee are frequently confused in listing conversations because both hit the same section of the closing statement. Second, the transfer fee is negotiable between buyer and seller in the purchase contract, but only if it is identified early enough to be written into the contract. Once escrow is open and the disclosure packet is on the settlement agent's desk, the fee is treated as a fixed cost of the transaction.

Reading the HOA block, top to bottom

At the point the settlement statement is drafted, a Desert Ridge closing usually carries the following lines in some combination. The list is written for a buyer or seller reviewing the document the night before signing.

  1. DRCA resale disclosure fee. One aggregate charge, capped at $400 under ARS 33-1806(C). If a rush was required, a separate $100 line may appear.
  2. DRCA semi-annual assessment proration. DRCA is billed semi-annually through FirstService Residential. The seller's share and buyer's share are prorated by escrow.
  3. Sub-HOA resale disclosure fee. A second aggregate charge, separately capped at $400 for the sub-association. Aviano owners see this billed through CCMC. Toscana and Fireside owners see it through Associated Asset Management. Bella Monte through Brown Community Management.
  4. Sub-HOA monthly assessment proration. Aviano's sub-HOA assessment is the fee that funds the community center, pool, tennis, and fitness building on Deer Valley Road. Toscana's covers the gated perimeter and interior amenities.
  5. Community enhancement fee or capital contribution. A CC&R-authorized transfer charge paid to the sub-HOA reserve or working capital account. Not capped by statute. This is the line most likely to catch a buyer off guard.
  6. Document update or statement update fee. Up to $50, only if the original packet is more than thirty days old. If the closing has been delayed, this line is legal.

Every line above has a legitimate basis. The problem is not overcharging. The problem is that the reader was expecting one HOA section on the settlement statement and there are two, and the total sits several hundred to several thousand dollars above what a mental model built on a single-HOA suburb would predict.

The ten-day rule that decides your closing date

The statute gives the association ten business days from written notice of a pending sale to deliver the disclosure packet. Miss that window and the association's lien for unpaid assessments on the property is extinguished as of that date under ARS 33-1807(J). That is a real consequence for the association, and every professional management company inside DRCA calibrates around it.

The buyer-facing implication is quieter. In a two-HOA community, the ten-day clock runs against both associations independently. A slow sub-HOA response can push a closing into a document-update fee. A slow master response can force a rush request. A twenty-eight day close that would be tight in a single-HOA neighborhood is aggressive in Desert Ridge, and pushing for it usually creates the rush fee, not saves it.

Why the friction is different by sub-community

Aviano's sub-HOA carries the heaviest amenity load inside Desert Ridge because CCMC operates a staffed 16,000-square-foot clubhouse with resort pool, fitness, and event space, plus tennis, basketball, volleyball, and fifteen playgrounds across the 400-acre footprint. That level of service is what the monthly assessment funds, and it is why Aviano's disclosure packet is longer and its capital contribution structure more developed than in the smaller sub-communities.

Fireside was built as a Del Webb community and reads that way on the fee schedule. Assessments cover the community center, staffing, and programmed activities. The governing board still carries developer-seat representation in phases where turnover has not completed, which affects budget votes but not disclosure mechanics.

Toscana is the most fee-sensitive product tier in Desert Ridge because the median sale price of roughly $440,000 in June 2026 puts the two-HOA stack against a smaller basis. The same dollar total that reads as a rounding error on an Aviano estate reads as a real percentage of closing costs on a Toscana condo. Buyers underwriting a Toscana purchase against Scottsdale condo comparables are the ones most likely to be surprised at the table.

What a competent pre-listing review looks like

For a seller: request both disclosure packets the same day the listing goes live, not the day escrow opens. The ten-day rule protects the timeline. The thirty-day update rule does not. If the packet ages out before the closing, the update fee is chargeable and defensible.

For a buyer: read the CC&Rs before writing the offer, not after inspection. The community enhancement or transfer fee lives in Article of the declaration, not in the MLS remarks. Negotiate the split into the contract if the number is meaningful against the price. Once the contract is executed, that line moves from negotiable to fixed.

For both sides: verify the two-HOA structure with the settlement agent before contract acceptance. In April 2026 the Arizona Association of Realtors condominium and planned community addendum was updated to require disclosure of the fee structure earlier in the transaction, and settlement agents inside DRCA have adjusted their intake accordingly, but the addendum still assumes the parties know which associations govern the property.

FAQ

Can an association charge more than $400 for the disclosure packet? No. ARS 33-1806(C) caps the aggregate at $400 for planned communities and ARS 33-1260 does the same for condominiums, plus $100 rush and $50 update. Stacking a $400 disclosure fee with a separate estoppel or lender questionnaire fee violates the aggregate cap. What is legal is charging a $400 aggregate at the master and a separate $400 aggregate at the sub-HOA, because each is a distinct association.

Is the transfer fee negotiable? Between buyer and seller, yes, if it is written into the purchase contract. The association is not a party to that negotiation and will collect what the CC&Rs authorize from whichever side the contract assigns.

Do all Desert Ridge homes sit under two HOAs? Almost. DRCA is the master for the master-planned footprint. A small number of legacy parcels predate the master association or sit outside its recorded boundary. Verify by pulling the recorded declaration on the parcel from Maricopa County Recorder before assuming the structure.

What if the packet is late? The statute is unambiguous. Late delivery extinguishes the association's lien for unpaid assessments as of the request date. That is a seller-side benefit, not a buyer-side one, and it does not delay the closing on its own.

The two-HOA stack is not a defect in Desert Ridge. It is the price of the amenity footprint that makes the master plan what it is. It is also the number most consistently under-estimated in a mental model borrowed from a single-HOA suburb, and the sub-community with the smallest median is the one where that gap does the most damage to a closing statement.

If you're preparing to buy or sell inside Desert Ridge and want the fee structure mapped against your specific parcel before you sign, ARC° Partners reads the disclosure packets before the offer, not after. Make a Move.

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