Arizona Seller Disclosure Requirements 2026 — SPDS and Pool Barrier Guide
Arizona residential sellers complete the Seller's Property Disclosure Statement (SPDS) — a comprehensive form that covers all material aspects of the property. This guide explains what the SPDS requires, Arizona's pool barrier law (a uniquely Arizona issue), and the HOA disclosure process.
The Arizona SPDS — What It Covers
The SPDS is a multi-page disclosure form covering:
Title and legal: HOA status, any liens or encumbrances, boundary disputes, easements.
Environmental: Known environmental hazards, radon, asbestos, lead paint (pre-1978 homes require federal lead paint disclosure in addition to SPDS), underground storage tanks, contaminated soil.
Soil conditions: Arizona has expansive soils in some areas (active soils that expand when wet). Disclose any known soil issues, foundation movement, or soil remediation.
Roof: Age, material, condition, any known leaks or repairs.
Electrical, plumbing, HVAC: Age of systems, known defects, service history.
Pools, spas, water features: Existence, condition, permit status, barrier compliance.
HOA: Existence of association, monthly/annual fees, transfer fees, pending assessments.
Material defects: Any known issues affecting value not covered by specific categories above.
Arizona Pool Barrier Law — Critical for Pool Owners
Arizona has one of the strictest pool safety barrier laws in the United States, driven by the state's high pool ownership rate and unfortunately high child drowning statistics.
Arizona's Five-Sided Pool Barrier Requirement (A.R.S. § 36-1681): In-ground pools, above-ground pools, and spas must be surrounded by a barrier that:
The "five-sided" concept means the barrier must surround the pool on all sides, including the wall of the house — which may only serve as a barrier if it has an alarm on the house's doors leading to the pool area, or if certain other requirements are met (hard-wired, audible alarm on all doors and windows leading to pool area from the house).
What this means for FSBO sellers:
Pool barrier deficiencies are one of the most common issues that come up in Arizona home inspections. Addressing compliance proactively avoids renegotiation.
HOA Disclosure in Maricopa County
Arizona's HOA laws (A.R.S. § 33-1802 et seq.) are detailed. Sellers must:
Buyers then have a review period (typically specified in the purchase contract) to review HOA documents and cancel if dissatisfied.
HOA fees in Maricopa County: Range from $30–$100/month for basic community associations up to $500+/month for master-planned communities with extensive amenities (golf, tennis, guards). Disclose accurately.
Capital contribution / transfer fees: Many Arizona HOAs charge a one-time transfer fee when a property sells, typically $300–$1,000. This is usually a seller cost in Arizona.
Lead Paint Disclosure (Pre-1978 Homes)
Federal law requires the Lead-Based Paint Disclosure and acknowledgment form plus the EPA pamphlet for all homes built before 1978. This is a federal requirement in addition to the Arizona SPDS.
Termites in Arizona
Arizona has subterranean termites (the most destructive species). While the SPDS includes termite history questions, buyers' lenders may require a separate Wood Destroying Organism (WDO) inspection for conventional and FHA/VA loans. Arizona termite inspections by licensed pest control companies typically cost $50–$100.