A.R.S. § 33-1813 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1813
33-1813 Removal of board member; special meeting
Status: in_force

33-1813. Removal of board member; special meeting

A. Notwithstanding any provision of the declaration or bylaws to the contrary, all of the following apply to a meeting at which a member of the board of directors, other than a member appointed by the declarant, is proposed to be removed from the board of directors:

1. The members of the association who are eligible to vote at the time of the meeting may remove any member of the board of directors, other than a member appointed by the declarant, by a majority vote of those voting on the matter at a meeting of the members.

2. The meeting of the members shall be called pursuant to this section and action may be taken only if a quorum is present.

3. The members of the association may remove any member of the board of directors with or without cause, other than a member appointed by the declarant.

4. For purposes of calling for removal of a member of the board of directors, other than a member appointed by the declarant, the following apply:

(a) In an association with one thousand or fewer members, on receipt of a petition that calls for removal of a member of the board of directors and that is signed by the number of persons who are eligible to vote in the association at the time the person signs the petition equal to at least twenty-five percent of the votes in the association or by the number of persons who are eligible to vote in the association at the time the person signs the petition equal to at least one hundred votes in the association, whichever is less, the board shall call and provide written notice of a special meeting of the association as prescribed by section 33-1804, subsection B.

(b) Notwithstanding section 33-1804, subsection B, in an association with more than one thousand members, on receipt of a petition that calls for removal of a member of the board of directors and that is signed by the number of persons who are eligible to vote in the association at the time the person signs the petition equal to at least ten percent of the votes in the association or by the number of persons who are eligible to vote in the association at the time the person signs the petition equal to at least one thousand votes in the association, whichever is less, the board shall call and provide written notice of a special meeting of the association.  The board shall provide written notice of a special meeting as prescribed by section 33-1804, subsection B.

(c) The special meeting shall be called, noticed and held within thirty days after receipt of the petition.

(d) If all of the requirements of this subsection for calling a special meeting are met and the board of directors fails to call, notice and hold a special meeting within thirty days after receipt of the petition, the members of the board of directors are deemed removed from office effective at midnight of the thirty-first day.

(e) For purposes of a special meeting called pursuant to this subsection, a quorum is present if the number of owners who are eligible to vote in the association at the time the person attends the meeting equal to at least twenty percent of the votes of the association or the number of persons who are eligible to vote in the association at the time the person attends the meeting equal to at least one thousand votes, whichever is less, is present at the meeting in person or as otherwise allowed by law.

(f) If a civil action is filed regarding the removal of a board member, the prevailing party in the civil action shall be awarded its reasonable attorney fees and costs.

(g) The board of directors shall retain all documents and other records relating to the proposed removal of the member of the board of directors and any election or other action taken for that director's replacement for at least one year after the date of the special meeting and shall allow members to inspect those documents and records pursuant to section 33-1805.

(h) A petition that calls for the removal of the same member of the board of directors shall not be submitted more than once during each term of office for that member.

5. On removal of at least one but fewer than a majority of the members of the board of directors at a special meeting of the membership called pursuant to this subsection, the vacancies shall be filled as provided in the community documents.

6. On removal of a majority of the members of the board of directors at a special meeting of the membership called pursuant to this subsection, or if the community documents do not provide a method for filling board vacancies, the association shall hold an election for the replacement of the removed directors at a separate meeting of the members of the association that is held not later than thirty days after the meeting at which the members of the board of directors were removed.

7. A member of the board of directors who is removed pursuant to this subsection is not eligible to serve on the board of directors again until after the expiration of the removed board member's term of office, unless the community documents specifically provide for a longer period of ineligibility.

B. For an association in which board members are elected from separately designated voting districts, a member of the board of directors, other than a member appointed by the declarant, may be removed only by a vote of the members from that voting district, and only the members from that voting district are eligible to vote on the matter or be counted for purposes of determining a quorum.
A.R.S. § 33-1571 — Arizona Code / Title 33 / Chapter 13 / Article 1 / Section 1571
33-1571 Real property loans; exercise of due on sale clauses; prohibition
Status: in_force

33-1571. Real property loans; exercise of due on sale clauses; prohibition

Notwithstanding any provisions of title 6 to the contrary, as provided by the thrift institutions restructuring act, P.L. 97-320, section 341, subsection (c)(1)(A) the real property loans defined and described therein are regulated as follows:

1. From and after October 14, 1987, and not before, P.L. 97-320, section 341, subsection (b) applies to real property loans that were made or assumed, including transfers of liened property subject to real property loans, between July 8, 1971, and October 15, 1982, and that are secured by one to four family units utilized for residential purposes of two and one-half acres or less. Prior to October 15, 1987, upon a transfer of interest in such property, the interest rate on such loans shall not be increased by more than one-half of one per cent, and all other limitations provided in section 33-806.01 shall apply.

2. P.L. 97-320, section 341, applies in accordance with its terms to all real property loans other than those described in paragraph 1 of this section.
A.R.S. § 33-1129 — Arizona Code / Title 33 / Chapter 8 / Article 2 / Section 1129
33-1129 Public property or property of a public character
Status: in_force

33-1129. Public property or property of a public character

All court houses, jails, public offices, buildings, lots, grounds and personal property, the fixtures, furniture, books and papers and appurtenances belonging and pertaining to the jail and public offices belonging to any county or any city of this state and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or city or dedicated by such town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state shall be exempt from execution, attachment or sale on any process issued from any court.
A.R.S. § 33-1551 — Arizona Code / Title 33 / Chapter 12 / Article 1 / Section 1551
33-1551 Duty of owner, lessee or occupant of premises to recreational users or educational users; liability; definitions
Status: in_force

33-1551. Duty of owner, lessee or occupant of premises to recreational users or educational users; liability; definitions

A. A public or private owner, easement holder, lessee, tenant, manager or occupant of premises is not liable to a recreational user or educational user except on a showing that the owner, easement holder, lessee, tenant, manager or occupant was guilty of wilful, malicious or grossly negligent conduct that was a direct cause of the injury to the recreational user or educational user. A recreational user or educational user accepts the risks created by the user's activities and shall exercise reasonable care in those activities.

B. A landowner, easement holder, lessee, tenant manager or occupant of private or public land is not liable for damages in any civil action for unknown conditions on the land. Installing a sign or other form of warning of a dangerous condition, use, structure or activity, or any modification made for the purpose of improving the safety of others, or failing to maintain or keep in place any sign, other form of warning or any modification made to improve safety does not create liability on the part of an owner, easement holder, lessee, tenant manager or occupant of land if there is no other basis for that liability.

C. This section is applicable to the duties and liability of any governmental entity, nongovernmental organization or person that provides monies, that reasonably performs maintenance, that reasonably makes or supports improvements or that takes similar reasonable action regarding land made available to the public for recreational or educational purposes.

D. This section does not create a duty of care or basis of liability for injury to persons or property. This section does not relieve any person using the land of another for recreational or educational purposes from any obligation that the person may have in the absence of this section to exercise care in the person's use of that land and in the activities on the land or from legal consequences for failing to employ such care.

E. Any person that uses the land of another for recreational or educational purposes with or without permission is liable for any damage to the land, property, livestock or crops that the person may cause while on that land.

F. This section does not limit the liability that otherwise exists for maintaining an attractive nuisance, except with respect to dams, channels, canals and lateral ditches used for flood control, agricultural, industrial, metallurgical or municipal purposes.

G. For the purposes of this section:

1. "Educational user" means a person to whom permission has been granted or implied without the payment of an admission fee or any other consideration to enter premises to participate in an educational program, including the viewing of historical, natural, archaeological or scientific sites. A nominal fee that is charged by a public entity or a nonprofit corporation to offset the cost of providing the educational or recreational premises and associated services does not constitute an admission fee or any other consideration as prescribed by this section.

2. "Grossly negligent" means a knowing or reckless indifference to the health and safety of others.

3. "Park" includes outdoor school grounds that are open to recreational users, excluding swimming pools and other aquatic features.

4. "Premises" means agricultural, range, open space, park, flood control, mining, forest, water delivery, water drainage or railroad lands, and any other similar lands, wherever located, that are available to a recreational user or educational user, including paved or unpaved multiuse trails and special purpose roads or trails not open to automotive use by the public and any building, improvement, fixture, water conveyance system, body of water, channel, canal or lateral, road, trail or structure on such lands.

5. "Recreational user":

(a) Means a person to whom permission has been granted or implied without the payment of an admission fee or any other consideration to travel across or to enter premises to hunt, fish, trap, camp, hike, ride, engage in off-highway vehicle, off-road recreational motor vehicle or all-terrain vehicle activity, operate aircraft, exercise, swim or engage in other outdoor recreational pursuits. The purchase of a state hunting, trapping or fishing license, an off-highway vehicle user indicia or a state trust land recreational permit or payment by an agency of this state to an owner, easement holder or lessee for public recreational access to the premises is not the payment of an admission fee or any other consideration as provided in this section. A nominal fee that is charged by a public entity or a nonprofit corporation to offset the cost of providing the educational or recreational premises and associated services does not constitute an admission fee or any other consideration as prescribed by this section.

(b) Does not include a student who is registered at a school during designated times that the student is allowed to be on the school grounds as determined by district personnel or who is participating in a school-sanctioned activity.

6. "School" has the same meaning prescribed in section 15-101.
A.R.S. § 33-1314 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1314
33-1314 Terms and conditions of rental agreement; contact information; property; pets
Status: in_force

33-1314. Terms and conditions of rental agreement; contact information; property; pets

A. The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or any other law, including rent, term of the agreement and other provisions governing the rights and obligations of the parties.

B. In the absence of a rental agreement, the tenant shall pay as rent the fair rental value for using and occupying the dwelling unit.

C. Rent shall be payable without demand or notice at the time and place agreed on by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day-to-day.

D. Unless the rental agreement fixes a definite term, the tenancy shall be week-to-week in case of a roomer who pays weekly rent, and in all other cases month-to-month.

E. Notwithstanding section 14-3911, the landlord may request and the tenant may provide and routinely update the name and contact information of a person who is authorized by the tenant to enter the tenant's dwelling unit to retrieve and store the tenant's property, including the tenant's animal, if the tenant dies or is otherwise incapacitated. If the landlord is unable to contact the authorized person at the address and telephone number provided to the landlord by the tenant or the authorized person fails to respond to the landlord's request within one day for the animal or ten days for all other property after initial written contact, the landlord may dispose of the property as prescribed in section 33-1370 or may deem the animal abandoned, and if deemed abandoned, shall remove and release the animal to an animal shelter or boarding facility as prescribed in section 33-1370, subsection E. The landlord may release the animal to a relative of the deceased or incapacitated tenant if any of the following applies:

1. The landlord was not provided the contact information of a person who is authorized by the tenant to retrieve the tenant's animal.

2. The contact information is no longer valid.

3. The landlord is unable to contact the authorized person after one calendar day.

F. Before removing any of the tenant's personal property or the tenant's animal, the authorized person shall present to the landlord a valid government issued identification that confirms the identity of the authorized person. The authorized person shall have twenty days after the date of initial written contact by the landlord or the last date for which rent is paid, whichever is longer, to remove items from the rental property and return keys to the landlord during regular business hours.  If the landlord allows an authorized person to enter the property to remove the tenant's personal possessions as prescribed by this subsection, the landlord has no further liability to the tenant, the tenant's estate or the tenant's heirs for lost, damaged or stolen items. If the tenant's personal property is not entirely removed from the rental unit by an authorized person, the landlord may dispose of the property as prescribed in section 33-1370.

G. Subsections E and F of this section apply only as follows:

1. To the tenant's personal property if the periodic rent is unpaid and outstanding for at least five days.

2. To the tenant's animal if the tenant is deceased or is otherwise incapacitated.
A.R.S. § 33-1453 — Arizona Code / Title 33 / Chapter 11 / Article 3 / Section 1453
33-1453 Access
Status: in_force

33-1453. Access

A. The landlord has no right of access to a mobile home owned by a tenant.

B. The landlord and tenant may mutually agree, in writing, to give the landlord access.
A.R.S. § 33-2625 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2625
33-2625 Uniformity of application and construction
Status: in_force

33-2625. Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
A.R.S. § 33-1418 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1418
33-1418 Incorporated tenants' park purchase association
Status: in_force

33-1418. Incorporated tenants' park purchase association

A. An incorporated tenants' park purchase association may be formed for the purpose of giving written notification to the owner of a mobile home park of the association's interest in purchasing the park.

B. This section does not confer a right of first refusal to an association formed under subsection A.  A mobile home park sale shall not be restricted in any way to affect the marketability of title.
A.R.S. § 33-818 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 818
33-818 Notice from instruments recorded; assignment of a beneficial interest
Status: in_force

33-818. Notice from instruments recorded; assignment of a beneficial interest

Except as otherwise provided in this section, a trust deed, substitution of trustee, notice of resignation of trustee, assignment of a beneficial interest under a trust deed, notice of sale, cancellation of notice of sale, trustee's deed, deed of release, and any instrument by which a trust deed is subordinated or waived as to priority, if acknowledged as provided by law, shall from the time of being recorded impart notice of the content to all persons, including subsequent purchasers and encumbrancers for value. The recording of an assignment of the beneficial interest in a trust deed shall not be deemed notice of such assignment to the trustor, his heirs or personal representatives, so as to invalidate any payment made by them, or any of them, to the person previously holding the note, bond, or other instrument evidencing the contract or contracts secured by the trust deed.
A.R.S. § 33-1306 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1306
33-1306 Settlement of disputed claim or right
Status: in_force

33-1306. Settlement of disputed claim or right

A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.
A.R.S. § 33-819 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 819
33-819 Exempt transactions
Status: in_force

33-819. Exempt transactions

If a trust deed is executed for a principal purpose other than or in addition to securing the performance of a contract or contracts, the parties thereto may agree that the provisions of this chapter shall not be applicable. If such an agreement is in writing and is contained in such trust deed the provisions of this chapter shall not be applicable to such trust deed.
A.R.S. § 33-1004 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 1004
33-1004 Discharge of mechanic's liens; bond; limitations of actions; discharge of surety; judgment
Status: in_force

33-1004. Discharge of mechanic's liens; bond; limitations of actions; discharge of surety; judgment

A. After perfection of a lien pursuant to this article, an owner, including any person who has a legal or equitable interest in the land that is subject to the lien, a contractor, subcontractor, mortgagee or other lien creditor, either before or after the commencement of an action to foreclose such lien, may cause to be recorded in the office of the county recorder, in the county in which the land is located, a surety bond in the form described in subsection B of this section, together with a power of attorney disclosing the authority of the person executing the same on behalf of the surety.  On the recordation of the bond, the property shall be discharged of such lien whether or not a copy of the bond is served on the claimant or the claimant perfects the claimant's rights against the bond.

B. A surety bond to discharge a lien perfected under this section shall be executed by the person seeking to discharge such lien, as principal, and by a surety company or companies holding a certificate of authority to transact surety business in this state, issued by the director of the department of insurance and financial institutions pursuant to title 20, chapter 2, article 1.  The bond shall be for the sole protection of the claimant who perfected such lien. Notwithstanding any other statute, the surety bond shall not be executed by an individual surety or sureties, even if the requirements of section 7-101 are satisfied.  The bond shall be in an amount equal to one hundred fifty percent of the demand set forth in and secured by the notice and claim of lien and shall be conditioned for the payment of the judgment that would have been rendered against the property for the enforcement of the lien. The legal description of the property and the docket and page of the lien sought to be discharged shall be set forth in the bond.

C. The principal on such bond, on recording the bond with the county recorder, shall cause a copy of the bond to be served within a reasonable time on the lien claimant, and if a suit is then pending to foreclose the lien, the claimant, within ninety days after receipt thereof, shall cause proceedings to be instituted to add the surety and the principal as parties to the lien foreclosure suit.  In addition, on recording and service of the surety bond, any monies withheld in response to a stop notice or bonded stop notice that is served by the lien claimant pursuant to article 9 of this chapter with respect to the same labor and material described in the notice and claim of lien shall be released promptly.

D. The bond shall be discharged and the principal and sureties released on any of the following:

1. The failure of the lien claimant to commence a suit within the time allowed pursuant to section 33-998.

2. The failure of the lien claimant to name the principal and sureties as parties to the action seeking foreclosure of the lien if a copy of the bond has been served on the claimant. If the bond is served on the claimant within less than ninety days after the date the claimant would be required to commence the claimant's action pursuant to section 33-998, the claimant shall have ninety days after the date the claimant receives a copy of such bond to add the principal and the sureties as parties to the lien foreclosure suit.

3. The dismissal of the foreclosure suit with prejudice as to the claimant or the entry of judgment in such suit against claimant.

E. In an action to foreclose a lien under this article, where a bond has been filed and served as provided herein, a judgment for the claimant on the bond shall be against the principal and the principal's sureties for the reasonable value of the labor and material furnished and shall not be against the property.  A judgment for the claimant on the bond, including any recovery for interest, expenses, costs and attorney fees awarded by the court, shall not exceed the penal sum of the bond.  If the amount the claimant recovers exceeds the penal sum of the bond, the claimant shall also be entitled to judgment against the principal for the excess amount.

F. If a copy of the bond is not served on the claimant as provided in subsection C of this section, the claimant shall have six months after the discovery of the bond to commence an action thereon, except that no action may be commenced on the bond after two years from the date it was recorded as provided in this section.

G. The county recorder of the county in which the bond and contract are recorded shall index the bond and contract under the index classification in which mechanics' and materialmen's liens are recorded.
A.R.S. § 33-724 — Arizona Code / Title 33 / Chapter 6 / Article 2 / Section 724
33-724 State as party to foreclosure actions
Status: in_force

33-724. State as party to foreclosure actions

A. The state may be made a party to an action to foreclose a mortgage upon real property when the state claims any estate, interest in or lien upon such real property. The complaint shall set forth the nature of the estate, interest or lien allegedly claimed by the state.

B. When the state is made defendant, a copy of the summons and complaint shall be served upon the attorney general if the action is pending in Maricopa county, or upon the county attorney of the county where the action is pending if in a county other than Maricopa, and it shall be the duty of such county attorney forthwith to transmit the summons and complaint to the attorney general and to file pleadings in the action as directed by the attorney general.

C. If after appropriate investigation, it appears to the attorney general that the proceeds from the sale of the property would be insufficient to wholly or partly satisfy any inferior lien of the state, or that the claim of the state has been satisfied or by lapse of time or otherwise has become unenforceable, the attorney general may file a disclaimer of interest releasing the property from such lien.
A.R.S. § 33-981 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 981
33-981 Lien for labor; professional services or materials used in construction, alteration or repair of structures; preliminary twenty day notice; exceptions
Status: in_force

33-981. Lien for labor; professional services or materials used in construction, alteration or repair of structures; preliminary twenty day notice; exceptions

A. Except as provided in sections 33-1002 and 33-1003, every person who labors or furnishes professional services, materials, machinery, fixtures or tools in the construction, alteration or repair of any building, or other structure or improvement, shall have a lien on such building, structure or improvement for the work or labor done or professional services, materials, machinery, fixtures or tools furnished, whether the work was done or the articles were furnished at the instance of the owner of the building, structure or improvement, or his agent.

B. Every contractor, subcontractor, architect, builder or other person having charge or control of the construction, alteration or repair, either wholly or in part, of any building, structure or improvement is the agent of the owner for the purposes of this article, and the owner shall be liable for the reasonable value of labor or materials furnished to his agent.

C. A person who is required to be licensed as a contractor but who does not hold a valid license as such contractor issued pursuant to title 32, chapter 10 shall not have the lien rights provided for in this section.

D. A person required to give preliminary twenty day notice pursuant to section 33-992.01 is entitled to enforce the lien rights provided for in this section only if he has given such notice and has made proof of service pursuant to section 33-992.02.

E. A person who furnishes professional services but who does not hold a valid certificate of registration issued pursuant to title 32, chapter 1 shall not have the lien rights provided for in this section.

F. A person who furnishes professional services is entitled to enforce the lien rights provided for in this section only if such person has an agreement with the owner of the property or with an architect, an engineer or a contractor who has an agreement with the owner of the property.
A.R.S. § 33-1128 — Arizona Code / Title 33 / Chapter 8 / Article 2 / Section 1128
33-1128 Fire fighting equipment
Status: in_force

33-1128. Fire fighting equipment

All fire engines, hooks and ladders, with the carts, trucks, carriages, hose, buckets, implements and apparatus appertaining thereto, and all furniture and uniforms of any fire company or department organized under any law of this state shall be exempt from execution, attachment or sale on any process issued from any court.
A.R.S. § 33-1331 — Arizona Code / Title 33 / Chapter 10 / Article 2 / Section 1331
33-1331 Notice of foreclosure; effect on lease; damages
Status: in_force

33-1331. Notice of foreclosure; effect on lease; damages

A. If a rental agreement is entered into after the foreclosure action was initiated, the owner shall include written notice of possible foreclosure with the rental agreement with the tenant. The notice shall include a statement that is substantially in the following form:

This property is undergoing foreclosure. For more information on this action, you should contact ________________ (name, address and phone number of the court where the action is filed or trustee, attorney or other responsible party).

A sale at auction may or may not occur as a result of this foreclosure.  Currently, the sale of this property has been set for _________ (time, date and place) or no date for sale of this property has been established.

B. If the owner receives a notice of trustee's sale or other notice of foreclosure on the property after a tenant has entered into a rental agreement on the property, the owner shall provide the tenant with written notice as prescribed in subsection A of this section within five business days after receipt of the notice of trustee's sale.  This subsection applies only to the first notice of trustee's sale or the first notice of foreclosure received by the owner after the tenant has entered into the rental agreement.

C. If the owner fails to provide notice as prescribed in this section the tenant may deliver a written notice pursuant to section 33-1361 and recover damages and obtain injunctive relief.  The security deposit shall be returned to the tenant as prescribed in section 33-1321.

D. This section shall not apply to multifamily residential rental units consisting of four or more connected units.
A.R.S. § 33-1478 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1478
33-1478 Remedies for abandonment; required registration
Status: in_force

33-1478. Remedies for abandonment; required registration

A. If the tenant abandons the mobile home unit on a mobile home space, it is incumbent upon the landlord to locate the legal owner or lienholder of the mobile home unit within ten days and communicate to him his liability for any costs incumbered for the mobile home space for such mobile home unit, including rent and utilities due and owing. However, the landlord shall be entitled to a maximum of sixty days' rent due prior to notice to lienholder. Any and all costs shall then become the responsibility of the legal owner or lienholder of the mobile home. The mobile home unit may not be removed from the mobile home space without a signed written agreement from the mobile home park landlord, owner or manager showing clearance for removal, showing all monies due and owing paid in full, or an agreement reached with the legal owner and the landlord.

B. A required standardized registration form shall be filled out by each mobile home space renter, upon mobile home space rental, showing mobile home make, year, serial number and license number if any be legally required, and also showing if the mobile home is paid for, if there is a lien on the mobile home, and if so the lienholder, and who is the legal owner of the mobile home unit. The registration cards or forms shall be kept on file with the park management as long as the mobile home is on the mobile home space within the park. Notice shall be given to park management within ten days of any changes in a new lien, changes of existing lien or settlement of lien.
A.R.S. § 33-1369 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1369
33-1369 Failure to maintain
Status: in_force

33-1369. Failure to maintain

If there is noncompliance by the tenant with section 33-1341 materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date when periodic rent is due, or if the rental agreement has terminated, for immediate payment.
A.R.S. § 33-1413.01 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1413.01
33-1413.01 Utility charges; waste, garbage and rubbish removal charges
Status: in_force

33-1413.01. Utility charges; waste, garbage and rubbish removal charges

A. If a landlord charges separately for gas, water or electricity there shall be a separate meter for every user. For each billing period the cost of the charges for the period shall be separately stated, along with the opening and the closing meter readings and the dates of the meter readings. Each bill shall show the computation of the charge generally in accordance with the serving utility company billing format for individual service supplied through a single service meter.

B. If the landlord separately charges for utilities, the landlord shall not charge more than the prevailing basic service single family residential rate charged by the serving utility or provider.

C. For the purpose of regulating mobile home parks as public or consecutive water systems, the state shall not adopt rules pursuant to title 49, chapter 2, article 9, that are more stringent than authorized by the federal government. Submetering solely to determine the charges for individual water use by park tenants for the purpose of water conservation, without other evidence indicating a transaction subject to regulation under title 49, chapter 2, article 9, shall not be used as a basis for treating any mobile home park as a public or consecutive water system.

D. A landlord may charge separately for removal of waste, garbage, rubbish, refuse and trash and for sewer services. Any charges for removal or sewer services may not exceed the prevailing single family residential charge, fee or rate for these services levied by the political subdivision or provider.
A.R.S. § 33-1307 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1307
33-1307 Territorial application
Status: in_force

33-1307. Territorial application

This chapter applies to, regulates, and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.
A.R.S. § 33-806 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 806
33-806 Transfers in trust of real property; uses
Status: in_force

33-806. Transfers in trust of real property; uses

A. Transfers of trust property may be made to secure the performance of a contract or contracts of the trustor or any other person.  An interest in the trust property acquired by the trustor subsequent to the execution of the trust deed shall inure to the trustee as security for the contract or contracts for which the trust property is conveyed as if the interest or claim had been acquired before execution of the trust deed.

B. The trustee or beneficiary shall have a right to maintain an action against any person, including the trustor, for a claim for relief where damage or injury occurs or may occur to the trust property or interests therein, including but not limited to actions for damages or to prevent:

1. Physical abuse to or destruction of the trust property, or any portion thereof.

2. Waste.

3. Impairment of the security provided by the trust deed. In any such action the trustee or beneficiary, or both, shall also be entitled to recover costs and reasonable attorney's fees and shall be entitled to all remedies available. Recovery of damages under this section shall be limited to damages or injuries incurred during the time the trustor is in possession or control of the trust property. The provisions of section 33-814 shall in no manner restrict or limit the provisions of this section.
A.R.S. § 33-423 — Arizona Code / Title 33 / Chapter 4 / Article 2 / Section 423
33-423 Disclosure; reports; indemnity; applicability; violation; classification
Status: in_force

33-423. Disclosure; reports; indemnity; applicability; violation; classification

A. A disclosure report pursuant to this section may be provided to the buyer or seller of real property by a third party as authorized by the buyer or seller and shall be based on officially adopted and electronically posted or otherwise readily available governmental maps or information that discloses whether the real property is subject to one or more of the following:

1. Special flood hazard areas designated by the federal emergency management agency pursuant to 42 United States Code chapter 50.

2. Military airports and ancillary military facilities as defined in section 28-8461 or as disclosed pursuant to section 28-8484 or 32-2113.

3. Military training routes as shown in the map produced pursuant to section 37-102 and military restricted airspace as shown in the map produced pursuant to section 37-102.

4. Public and private airports that are approved by the federal aviation administration.

5. Expansive soils as shown on maps issued by the natural resource conservation service or on other officially adopted and readily available governmental maps.

6. Fissures as shown on earth fissure maps issued by the Arizona geological survey pursuant to section 27-106, subsection A, paragraph 3.

7. Special tax assessment areas or taxing authority and amount of special assessments in addition to ad valorem taxes as shown in the current tax records of the applicable county assessor.

8. Radon gas potential zones as shown on current maps issued by the United States environmental protection agency.

9. Environmental hazard superfund sites including the sites listed in the Arizona superfund program list and the water quality assurance revolving fund registry, or listed by the United States environmental protection agency including the national priorities list, the comprehensive environmental response compensation and liability information system database or on maps issued by the department of environmental quality or equivalent databases of those sites.

10. Any other condition that affects the real property that the buyer or seller authorizes and the third-party provider agrees to provide in a third-party provider disclosure report.

B. For any third-party provider of information as prescribed by this section, the following apply:

1. A seller or buyer shall not be required to provide the written disclosure provided by this section to an insurance company, a lender or a governmental agency.

2. The third-party provider shall carry errors and omissions insurance coverage with limits of at least one million dollars per occurrence and in an aggregate of at least ten million dollars.  A person who violates this paragraph is guilty of a class 1 misdemeanor.

C. If an action is brought as a result of an error, inaccuracy or omission in the disclosure made only by a third-party provider who provides information pursuant to subsection A of this section, the third-party provider shall provide a defense against the action, shall indemnify the buyer or seller who authorized the disclosure report and persons licensed pursuant to title 32, chapter 20 who represent the buyer or seller for any judgment rendered and shall reimburse reasonable attorney fees and costs incurred in defending the action, unless the buyer, seller or agent for the buyer or seller had knowledge of the error, inaccuracy or omission or the buyer, seller or agent for the buyer or seller modified the disclosure and the modification resulted in the error, inaccuracy or omission.  This section does not prohibit a third-party provider of information from agreeing by contract that the third-party provider shall indemnify a person to a greater extent than is required by this section.

D. If information that is disclosed pursuant to this section is subsequently rendered inaccurate as a result of any governmental action, map revision, changed information or other act or occurrence after the delivery of the disclosure, no person is liable for the information that was disclosed unless the person had knowledge of the error, inaccuracy or omission.

E. This section shall not be construed to create a cause of action for the use of maps or other information pursuant to this section.  This section does not apply to the sale of real property by any person pursuant to section 32-2183 or section 32-2195.03, or any affiliate of that person.

F. This section does not obligate any person to provide or purchase a disclosure report that is the subject of this section.

G. The listing of a condition in subsection A of this section or in a third-party provider disclosure report does not by itself make that condition material or immaterial to a particular real estate transaction. The materiality of any disclosure is governed as otherwise provided by law.
A.R.S. § 33-1432 — Arizona Code / Title 33 / Chapter 11 / Article 2 / Section 1432
33-1432 Disclosure of written rental agreement
Status: in_force

33-1432. Disclosure of written rental agreement

A. The landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing before entering into the rental agreement each of the following:

1. The name and address of the person authorized to manage the premises.

2. The name and address of the owner of the premises.

3. If applicable, the name and address of a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.

4. For a prospective tenant on an initial rental agreement, a written statement that shows the rent increases for the three full calendar years immediately preceding the prospective initial rental agreement date. This information shall be for basic space rental only and does not apply to other fees such as late charges, guest fees and utility charges. The landlord may disclose the rent history with calculations that fairly describe the rent history and that are made in any manner that reasonably informs the prospective tenant of the history of basic space rent in the mobile home park during that period. The disclosure calculation may be made in January of each year by adding the dollar amounts or percentage amounts for aggregate rental increases that became effective in the prior calendar year for every space in the park and dividing that number by the total number of occupied revenue spaces for which rent was or could have been increased.  This average amount of rental increase or average percentage of rental increase shall be posted at the rental office for three years. Disclosure calculations made pursuant to this section shall be made to the best of the landlord's ability.

B. The information required to be furnished by this section shall be kept current and refurnished to the tenant on the tenant's request except that any successor landlord shall not be required to provide average rent disclosures relating to previous landlords.

C. When there is a new owner or operator this section extends to and is enforceable against any successor landlord, owner or manager.

D. A person who fails to comply with subsection A, paragraph 1, 2 or 3 or subsection B of this section becomes an agent of each person who is a landlord for the following purposes:

1. Service of process and receiving and receipting for notices and demands.

2. Performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the purpose all rent collected from the premises.

E. The landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall post in a conspicuous place a copy of the current utility rates unless the tenant is charged directly by the utility company.

F. Each tenant shall be notified, in writing, of any rent increase at least ninety days prior to the increase by first class or certified mail or by personal delivery.  The mobile home parks hearing officer has jurisdiction to determine whether notices have been served properly and in a timely manner.

G. Before entering into a rental agreement, the landlord or any person authorized to enter into the rental agreement shall provide to the prospective tenant a concise written summary of the Arizona mobile home parks residential landlord and tenant act that is approved by the director annually by November 1 and that includes any legislative changes made in the preceding year. The director shall post the approved summary on the Arizona department of housing's website.  The landlord shall provide the summary to the tenant at no cost to the tenant. The summary shall include information regarding where a complete copy of the act may be obtained or reviewed, including listing the Arizona department of housing's website. This subsection does not apply to renewal of rental agreements.  The Arizona department of housing shall post the act on the Arizona department of housing's website.

H. The landlord shall make available to all tenants a concise written summary of the Arizona mobile home parks residential landlord and tenant act that is approved by the director annually by November 1 and that includes any legislative changes made in the preceding year. The summary shall include information regarding where a complete copy of the act may be obtained or reviewed, including listing the Arizona department of housing's website. The director shall post the approved summary on the Arizona department of housing's website.  The landlord shall provide the summary at no cost to the tenants.
A.R.S. § 33-2103 — Arizona Code / Title 33 / Chapter 19 / Article 1 / Section 2103
33-2103 Obligation of good faith
Status: in_force

33-2103. Obligation of good faith

Every duty under this chapter and every act that must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
A.R.S. § 33-821 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 821
33-821 Exemption from definition
Status: in_force

33-821. Exemption from definition

A deed of trust shall not be considered a deed or contract under the provisions of title 42, chapter 10, article 2 or a contract for conveyance of real property under the provisions of title 33, chapter 6, article 3.
A.R.S. § 33-808 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 808
33-808 Notice of trustee's sale
Status: in_force

33-808. Notice of trustee's sale

A. The trustee shall give written notice of the time and place of sale legally describing the trust property to be sold by each of the following methods:

1. Recording a notice in the office of the recorder of each county where the trust property is situated.

2. Giving notice as provided in section 33-809 to the extent applicable.

3. Posting a copy of the notice of sale, at least twenty days before the date of sale in some conspicuous place on the trust property to be sold, if posting can be accomplished without a breach of the peace.  If access to the trust property is denied because a common entrance to the property is restricted by a limited access gate or similar impediment, the property shall be posted by posting notice at that gate or impediment.  Notice shall also be posted at one of the places provided for posting public notices at any building that serves as a location of the superior court in the county where the trust property is to be sold.  Posting is deemed completed on the date the trust property is posted.  The posting of notice at the superior court location is deemed a ministerial act.

4. Publication of the notice of sale in a newspaper of general circulation in each county in which the trust property to be sold is situated. The notice of sale shall be published at least once a week for four consecutive weeks.  The last date of publication shall not be less than ten days prior to the date of sale.  Publication is deemed completed on the date of the first of the four publications of the notice of sale pursuant to this paragraph.

B. The sale shall be held at the time and place designated in the notice of sale on a day other than a Saturday or legal holiday between 9:00 a.m. and 5:00 p.m. mountain standard time at a specified place on the trust property, at a specified place at any building that serves as a location of the superior court or at a specified place at a place of business of the trustee, in any county in which part of the trust property to be sold is situated.

C. The notice of sale shall contain:

1. The date, time and place of the sale.  The date, time and place shall be set pursuant to section 33-807, subsection D.  The date shall be no sooner than the ninety-first day after the date that the notice of sale was recorded.

2. The street address, if any, or identifiable location as well as the legal description of the trust property.

3. The county assessor's tax parcel number for the trust property or the tax parcel number of a larger parcel of which the trust property is a part.

4. The original principal balance as shown on the deed of trust. If the amount is not shown on the deed of trust, it shall be listed as "unspecified".

5. The names and addresses, as of the date the notice of sale is recorded, of the beneficiary and the trustee, the name and address of the original trustor as stated in the deed of trust, the signature of the trustee and the basis for the trustee's qualification pursuant to section 33-803, subsection A, including an express statement of the paragraph under section 33-803, subsection A on which the qualification is based. The address of the beneficiary shall not be in care of the trustee.

6. The telephone number of the trustee.

7. The name of the state or federal licensing or regulatory body or controlling agency of the trustee as prescribed by section 33-803, subsection A.

8. The following statement in the first paragraph of the notice, printed in bold-faced and capitalized type:

Notice! If you believe there is a defense to the trustee sale or if you have an objection to the trustee sale, you must file an action and obtain a court order pursuant to rule 65, Arizona rules of civil procedure, stopping the sale no later than 5:00 p.m. mountain standard time of the last business day before the scheduled date of the sale, or you may have waived any defenses or objections to the sale.  Unless you obtain an order, the sale will be final.

D. The notice of sale shall be sufficient if made in substantially the following form:

Notice of Trustee's Sale

The following legally described trust property will be sold, pursuant to the power of sale under that certain trust deed recorded in docket or book _______________________ at page ____________ records of ________________ county, Arizona. Notice! if you believe there is a defense to the trustee sale or if you have an objection to the trustee sale, you must file an action and obtain a court order pursuant to rule 65, Arizona rules of civil procedure, stopping the sale no later than 5:00 p.m. mountain standard time of the last business day before the scheduled date of the sale, or you may have waived any defenses or objections to the sale. Unless you obtain an order, the sale will be final and will occur at public auction to the highest bidder at (specific place of sale as permitted by law) __________________, in ______________ county, in or near _______________, Arizona, on ________, ____, at ___________ o'clock ___m. of said day:

(street address, if any, or identifiable

location of trust property)

(legal description of trust property)

Tax parcel number _______________

Original principal balance $________________________

Name and address of beneficiary ______________________________

______________________________

______________________________

Name and address of original trustor _________________________

_________________________

_________________________

Name, address and telephone number of trustee ________________

__________________________________

__________________________________

Signature of trustee _________________________________________

Manner of trustee qualification ______________________________

Name of trustee's regulator __________________________________

Dated this _____________ day of ______________, ____.

(Acknowledgement)

E. Any error or omission in the information required by subsection C or D of this section, other than an error in the legal description of the trust property or an error in the date, time or place of sale, shall not invalidate a trustee's sale.  Any error in the legal description of the trust property shall not invalidate a trustee's sale if considered as a whole the information provided is sufficient to identify the trust property being sold. If there is an error or omission in the legal description so that the trust property cannot be identified, or if there is an error in the date, time or place of sale, the trustee shall record a cancellation of notice of sale.  The trustee or any person furnishing information to the trustee shall not be subject to liability for any error or omission in the information required by subsection C of this section except for the wilful and intentional failure to provide such information.  This subsection does not apply to claims made by an insured under any policy of title insurance.

F. The notice of trustee sale may not be rerecorded for any reason. This subsection does not prohibit the recording of a new or subsequent notice of sale regarding the same property.
A.R.S. § 33-1053 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1053
33-1053 Applicability
Status: in_force

33-1053. Applicability

This section and sections 33-1054 through 33-1067 apply only to private work. Private work does not include dwellings of owner-occupants as defined in section 33-1002.
A.R.S. § 33-531 — Arizona Code / Title 33 / Chapter 4 / Article 7 / Section 531
33-531 Short title
Status: in_force

33-531. Short title

This article may be cited as the uniform unlawful restrictions in land records act.
A.R.S. § 33-1410 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1410
33-1410 Obligation of good faith
Status: in_force

33-1410. Obligation of good faith

Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
A.R.S. § 33-1242 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1242
33-1242 Powers of unit owners' association; notice to unit owner of violation
Status: in_force

33-1242. Powers of unit owners' association; notice to unit owner of violation

A. Subject to the provisions of the declaration, the association may:

1. Adopt and amend bylaws and rules.

2. Adopt and amend budgets for revenues, expenditures and reserves and collect assessments for common expenses from unit owners.

3. Hire and discharge managing agents and other employees, agents and independent contractors.

4. Institute, defend or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the condominium.

5. Make contracts and incur liabilities.

6. Regulate the use, maintenance, repair, replacement and modification of common elements.

7. Cause additional improvements to be made as a part of the common elements.

8. Acquire, hold, encumber and convey in its own name any right, title or interest to real or personal property, except that common elements may be conveyed or subjected to a security interest only pursuant to section 33-1252.

9. Grant easements, leases, licenses and concessions through or over the common elements.

10. Impose and receive any payments, fees or charges for the use, rental or operation of the common elements other than limited common elements described in section 33-1212, paragraphs 2 and 4 and for services provided to unit owners.

11. Impose charges for late payment of assessments after the association has provided notice that the assessment is overdue or provided notice that the assessment is considered overdue after a certain date and, after notice and an opportunity to be heard, impose reasonable monetary penalties on unit owners for violations of the declaration, bylaws and rules of the association.

12. Impose reasonable charges for the preparation and recordation of amendments to the declaration or statements of unpaid assessments.

13. Provide for the indemnification of its officers and executive board of directors and maintain directors' and officers' liability insurance.

14. Assign its right to future income, including the right to receive common expense assessments, but only to the extent the declaration expressly provides.

15. Be a member of a master association or other entity owning, maintaining or governing in any respect any portion of the common elements or other property benefitting or related to the condominium or the unit owners in any respect.

16. Exercise any other powers conferred by the declaration or bylaws.

17. Exercise all other powers that may be exercised in this state by legal entities of the same type as the association.

18. Exercise any other powers necessary and proper for the governance and operation of the association.

B. A unit owner who receives a written notice that the condition of the property owned by the unit owner is in violation of a requirement of the condominium documents without regard to whether a monetary penalty is imposed by the notice may provide the association with a written response by sending the response by certified mail within twenty-one calendar days after the date of the notice.  The response shall be sent to the address identified in the notice.

C. Within ten business days after receipt of the certified mail containing the response from the unit owner, the association shall respond to the unit owner with a written explanation regarding the notice that shall provide at least the following information unless previously provided in the notice of violation:

1. The provision of the condominium documents that has allegedly been violated.

2. The date of the violation or the date the violation was observed.

3. The first and last name of the person or persons who observed the violation.

4. The process the unit owner must follow to contest the notice.

D. Unless the information required in subsection C, paragraph 4 of this section is provided in the notice of violation, the association shall not proceed with any action to enforce the condominium documents, including the collection of attorney fees, before or during the time prescribed by subsection C of this section regarding the exchange of information between the association and the unit owner and shall give the unit owner written notice of the unit owner's option to petition for an administrative hearing on the matter in the state real estate department pursuant to section 32-2199.01.  At any time before or after completion of the exchange of information pursuant to this section, the unit owner may petition for a hearing pursuant to section 32-2199.01 if the dispute is within the jurisdiction of the state real estate department as prescribed in section 32-2199.01.
A.R.S. § 33-721 — Arizona Code / Title 33 / Chapter 6 / Article 2 / Section 721
33-721 Foreclosure of mortgage by court action
Status: in_force

33-721. Foreclosure of mortgage by court action

Mortgages of real property and deeds of trust of a type not included in the definition of deed of trust provided in section 33-801, notwithstanding any other provision in the mortgage or deed, shall be foreclosed by action in a court.
A.R.S. § 33-707 — Arizona Code / Title 33 / Chapter 6 / Article 1 / Section 707
33-707 Acknowledgment of satisfaction; recording
Status: in_force

33-707. Acknowledgment of satisfaction; recording

A. If a mortgagee, trustee or person entitled to payment receives full satisfaction of a mortgage or deed of trust, he shall acknowledge satisfaction of the mortgage or deed of trust by delivering to the person making satisfaction or by recording a sufficient release or satisfaction of mortgage or deed of release and reconveyance of the deed of trust, which release, satisfaction of mortgage or deed of release and reconveyance shall contain the docket and page number or recording number of the mortgage or deed of trust. If a mortgagee, trustee or person entitled to payment receives an amount less than full satisfaction of a mortgage or deed of trust, but has agreed in writing to release the mortgage or deed of trust, the mortgagee, trustee or person shall acknowledge release of the mortgage or deed of trust by delivering to the person making payment of the agreed amount that is less than full satisfaction or by recording a sufficient release of the mortgage or release and reconveyance of the deed of trust, which release or release and reconveyance shall contain the docket and page number or recording number of the mortgage or deed of trust.  It shall not be necessary for the trustee to join in the acknowledgment or satisfaction, or in the release, satisfaction of mortgage or deed of release and reconveyance. The recorded release or satisfaction of mortgage or deed of release and reconveyance constitutes conclusive evidence of full or partial satisfaction and release of the mortgage or deed of trust in favor of purchasers and encumbrancers for value and without actual notice.

B. When a mortgage or deed of trust is satisfied by a release or satisfaction of mortgage or deed of release and reconveyance, except where the record of such deed of trust or mortgage has been destroyed or reduced to microfilm, the recorder shall record the release or satisfaction of the deed of trust or mortgage showing the book and page or recording number where the deed of trust or mortgage is recorded.

C. If the record of such mortgage or deed of trust has been destroyed and the record thereof reduced to microfilm, it shall be sufficient evidence of satisfaction of any such mortgage or deed of trust for the release or satisfaction of mortgage or deed of release and reconveyance to be recorded and indexed as such. The instrument shall sufficiently identify the mortgage or deed of trust by parties and by book and page or recording number of the official records.  Such instrument shall be treated as a release or satisfaction of mortgage or deed of release and reconveyance and recorded.

D. If the note secured by a mortgage or deed of trust has been lost or destroyed, the assignee, mortgagee or beneficiary shall, before acknowledging satisfaction, make an affidavit that he is the lawful owner of the note and that it has been paid, but cannot be produced for the reason that it has been lost or destroyed, and the affidavit shall be recorded. If the record of such mortgage or deed of trust has been destroyed and the record thereof reduced to microfilm, such affidavit shall be recorded and indexed as releases, satisfactions of mortgage and deeds of release and reconveyance are recorded and indexed and shall have the same force and effect as a release or satisfaction of a mortgage or deed of release and reconveyance as provided in subsection A of this section.

E. If a full release or satisfaction of mortgage or deed of release and reconveyance of deed of trust that, according to its terms, recites that it secures an obligation having a stated indebtedness not greater than one million dollars exclusive of interest, or a partial release or satisfaction of mortgage or partial deed of release and reconveyance of deed of trust that, according to its terms, recites that the payment required for the partial satisfaction or release does not exceed one million dollars exclusive of interest, or a release of mortgage or deed of release and reconveyance of deed of trust by a mortgagee, trustee or person who has agreed in writing to release the mortgage or deed of trust in exchange for receipt of an amount less than full satisfaction of the mortgage or deed of trust and that, according to its terms, recites that it secures an obligation having a stated indebtedness not greater than one million dollars exclusive of interest, has not been executed and recorded pursuant to subsection A or C of this section within sixty days of full or partial satisfaction of the obligation secured by such mortgage or deed of trust, or within sixty days of the receipt by the mortgagee, trustee or other person of an amount less than full satisfaction if agreed in writing, a title insurer as defined in section 20-1562 may prepare, execute and record a full or partial release or satisfaction of mortgage or deed of full or partial release and reconveyance of deed of trust. No earlier than sixty days after full or partial satisfaction and at least thirty days prior to the issuance and recording of any such release or satisfaction of mortgage or deed of release and reconveyance pursuant to this subsection, the title insurer shall mail by certified mail with postage prepaid, return receipt requested, to the mortgagee of record or to the trustee and beneficiary of record and their respective successors in interest of record at their last known address shown of record and to any persons who according to the records of the title insurer received payment of the obligation at the address shown in such records, a notice of its intention to release the mortgage or deed of trust accompanied by a copy of the release or satisfaction of mortgage or deed of release and reconveyance to be recorded which shall set forth:

1. The name of the beneficiary or mortgagee or any successors in interest of record of such mortgagee or beneficiary and, if known, the name of any servicing agent.

2. The name of the original mortgagor or trustor.

3. The name of the current record owner of the property and if the release or satisfaction of mortgage or deed of release and reconveyance is a partial release, the name of the current record owner of the parcel described in the partial release or satisfaction of mortgage or deed of partial release and reconveyance of deed of trust.

4. The recording reference to the deed of trust or mortgage.

5. The date and amount of payment, if known.

6. A statement that the title insurer has actual knowledge that the obligation secured by the mortgage or deed of trust has been paid in full, or if the release or satisfaction of mortgage or deed of release and reconveyance of deed of trust is a partial release, a statement that the title insurer has actual knowledge that the partial payment required for the release of the parcel described in the partial release or satisfaction has been paid or, if the release of mortgage or deed or release and reconveyance of deed of trust results from a mortgagee's, trustee's of other person's written agreement to accept an amount less than full satisfaction of the obligation, a statement that the title insurer has actual knowledge that the agreed upon payment has been made in full.

F. The release or satisfaction of mortgage or release and reconveyance of deed of trust may be executed by a duly appointed attorney-in-fact of the title insurer, but such delegation shall not relieve the title insurer from any liability pursuant to this section.

G. A full or partial release or satisfaction of mortgage or deed of full or partial release and reconveyance of deed of trust issued pursuant to subsection E of this section shall be entitled to recordation and, when recorded, shall constitute a full or partial release or satisfaction of mortgage or deed of release and reconveyance of deed of trust issued pursuant to subsection A or C of this section.

H. Where an obligation secured by a deed of trust or mortgage was paid in full prior to September 21, 1991, and no release or satisfaction of mortgage or deed of release and reconveyance of deed of trust was issued and recorded by November 20, 1991, a release or satisfaction of mortgage or deed of release and reconveyance of deed of trust as provided for in subsection E of this section may be prepared and recorded without the notice prescribed by subsection E of this section.

I. A release or satisfaction of mortgage or a release and reconveyance of deed of trust by a title insurer under the provisions of subsection E of this section shall not constitute a defense nor release any person from compliance with subsections A through D of this section or from liability under section 33-712.

J. In addition to any other remedy provided by law, a title insurer preparing or recording the release and satisfaction of mortgage or the release and reconveyance of deed of trust pursuant to subsection E of this section shall be liable to any party for actual damage, including  attorney fees, which any person may sustain by reason of the issuance and recording of the release and satisfaction of mortgage or release and reconveyance of deed of trust.

K. The title insurer shall not record a release and satisfaction of mortgage or release and reconveyance of deed of trust if, prior to the expiration of the thirty day period specified in subsection E of this section, the title insurer receives a notice from the mortgagee, trustee, beneficiary, holder or servicing agent which states that the mortgage or deed of trust continues to secure an obligation, or in the case of a partial release or satisfaction of mortgage or deed of partial release and reconveyance of deed of trust, a notice that states that the partial payment required to release the parcel described in the partial release or satisfaction has not been paid.

L. The title insurer may charge a reasonable fee to the owner of the land or other person requesting a release and satisfaction of mortgage or release and reconveyance of deed of trust for services, including but not limited to search of title, document preparation and mailing services rendered, and may in addition collect official fees.
A.R.S. § 33-931 — Arizona Code / Title 33 / Chapter 7 / Article 3 / Section 931
33-931 Lien of health care provider on damages recovered by injured person receiving services; hospital priority; enforcement
Status: in_force

33-931. Lien of health care provider on damages recovered by injured person receiving services; hospital priority; enforcement

A. Every individual, partnership, firm, association, corporation or institution or any governmental unit that maintains and operates a health care institution or provides health care services in this state and that has been duly licensed by this state, or any political subdivision or private entity with ambulances operated, licensed or registered pursuant to title 36, chapter 21.1, is entitled to a lien for the care and treatment or transportation of an injured person as prescribed by subsection E of this section. The lien shall be for the claimant's customary charges for care and treatment or transportation of an injured person. A lien pursuant to this section extends to all claims of liability or indemnity, except health insurance and medical payments coverage and underinsured motorist and uninsured motorist coverage as defined in section 20-259.01, for damages accruing to the person to whom the services are rendered, or to that person's legal representative, on account of the injuries that gave rise to the claims and that required the services.

B. If a county maintains, operates or provides health care services, the county is entitled to an assignment by operation of law for the care and treatment or transportation of an injured person as prescribed by subsection E of this section.  The assignment shall be for the claimant's customary charges for care and treatment or transportation of an injured person.  An assignment pursuant to this section extends to any claims of liability or indemnity, except health insurance and medical payments coverage and underinsured motorist and uninsured motorist coverage as defined in section 20-259.01, for damages accruing to the person to whom the services are rendered, or to that person's legal representative, on account of injuries that gave rise to the claims and that required the services.

C. The lien entitlements authorized by subsection A of this section and the assignment authorized by subsection B of this section are applicable to all customary charges by hospitals or ambulances of political subdivisions, but are restricted to customary charges in excess of $250 by all other providers and privately owned ambulance companies excluding interest and service charges.

D. Liens perfected pursuant to this article by a hospital have priority for payment over all other liens authorized by this article.

E. The liens and assignments authorized by this section are enforceable by a cause of action prescribed by section 33-934 and are subject to the following:

1. One-third of any third-party judgment, settlement or award is exempt from any lien or assignment authorized by this section.

2. If the injured person is covered as an insured or dependent under a health insurance or similar medical benefit plan and the health care provider has a valid and binding contract with that insurer or plan as an in-network provider, the contract must expressly allow the health care provider to assert a lien or assignment that is authorized by this section. In the absence of that contract provision, the lien or assignment is invalid and may not be enforced by a cause of action prescribed by section 33-934 except as allowed under paragraph 3 or 4 of this subsection.

3. Paragraphs 1 and 2 of this subsection do not apply if any of the following exceptions are met:

(a) The services provided are not covered by the injured person's health insurance or similar medical benefit plan.

(b) The health care provider does not have a valid and binding contract with the insurer or plan as an in-network provider.

(c) The injured person is not covered by any health insurance or any similar medical benefit plan.

(d) The injured person and the health care provider have a written and signed document stating that they elect not to use any coverage potentially available under a health insurance or similar medical benefit plan that covers the injured as an insured or dependent.

4. Notwithstanding paragraphs 1, 2, and 3 of this subsection, a health care provider may enforce a lien or assignment authorized by this section by a cause of action prescribed by section 33-934 for all amounts for which a patient is personally responsible, including outstanding coinsurance amounts, copayments and deductibles that are due under the injured person's or dependent's health insurance or similar medical benefit plan.

5. Any valid and enforceable lien or assignment authorized by this section shall be compromised pursuant to the criteria prescribed by section 33-937.

6. Any valid and enforceable lien or assignment authorized by this section shall be subordinate to any lien with higher priority.

F. This section does not affect the rights of a health care provider to enforce a consensual agreement, whether called a lien or contract, against the patient who has signed the agreement.
A.R.S. § 33-1062 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1062
33-1062 Release of stop notice or bonded stop notice; surety bond
Status: in_force

33-1062. Release of stop notice or bonded stop notice; surety bond

A. An owner, a construction lender or any original contractor or subcontractor who disputes any stop notice or bonded stop notice may file with the person on whom notice was served a release bond. The release bond shall be executed in an amount equal to one hundred fifty percent of the amount claimed in the notice, conditioned for the payment of any amount that does not exceed the penal obligation of the bond and that the claimant may recover on the claim. A copy of the release bond shall be served on the stop notice claimant in the same manner required for the delivery of a stop notice. On the filing and service of the release bond, the monies withheld in response to the stop notice or bonded stop notice shall be released promptly.  A bond to release a stop notice or bonded stop notice under this section shall be executed by a surety company or companies holding a certificate of authority to transact surety business in this state, issued by the director of the department of insurance and financial institutions pursuant to title 20, chapter 2, article 1.  The bond shall be for the sole protection of the claimant who perfected such notice.

B. If an owner, a construction lender or any original contractor or subcontractor causes to be recorded a surety bond to discharge a lien perfected by the stop notice claimant pursuant to section 33-1004 with respect to the same labor and material described in the stop notice or bonded stop notice, the surety bond shall also serve as a release bond pursuant to this section, and the monies withheld in response to the stop notice or bonded stop notice shall be released promptly on the recording and service of the surety bond on the stop notice claimant as prescribed in section 33-1004.

C. In an action to enforce payment of a claim stated in a stop notice or bonded stop notice, if a bond has been filed and served as provided in this section, a judgment for the claimant on the bond shall be against the person seeking to release the stop notice or bonded stop notice as principal and the surety for the amount the claimant recovers on the stop notice or bonded stop notice claim, including any recovery for interest, expenses, costs and attorney fees awarded by the court, that does not exceed the penal sum of the bond.  If the amount the claimant recovers on the stop notice or bonded stop notice claim exceeds the penal sum of the bond, the claimant shall also be entitled to judgment against the principal for the excess amount.
A.R.S. § 33-1318.01 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1318.01
33-1318.01 Early release termination for law enforcement officers; definition
Status: in_force

33-1318.01. Early release termination for law enforcement officers; definition

A. A law enforcement officer may terminate a rental agreement in the same manner established in section 33-1318 if the law enforcement officer provides to the landlord a written notice that the law enforcement officer is protected under an injunction against harassment issued pursuant to section 12-1809 and the injunction against harassment was issued within the thirty-day period immediately preceding lawful notice to the landlord, unless waived by the landlord.

B. If the law enforcement officer received any lease concession or benefit, the concession or benefit actually received or used shall be repaid to the landlord before vacating the dwelling.

C. All other rights, remedies and obligations provided in section 33-1318 apply to the landlord and the law enforcement officer.

D. For the purposes of this section, "law enforcement officer" has the same meaning prescribed in section 38-1101.
A.R.S. § 33-1409 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1409
33-1409 Definitions
Status: in_force

33-1409. Definitions

In this chapter unless the context otherwise requires:

1. "Action" includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession.

2. "Anniversary date" means an annual date applying to all tenants stated in the rental agreement on which the landlord may adjust the amount of rent.

3. "Appurtenances" means awnings, sheds, porches and other attachments to the mobile home.

4. "Building and housing codes" includes any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises, dwelling unit or mobile home space.

5. "Change in use" means either of the following:

(a) A change in the use of land from the rental of mobile home spaces in a mobile home park to some other use.

(b) The redevelopment of the mobile home park.

6. "Compatible" means a mobile home that is in a similar condition as the majority of the other mobile homes in the mobile home park, as determined by the maintenance, condition and overall appearance of the mobile home.

7. "Director" means the director of the Arizona department of housing.

8. "Dwelling unit" excludes real property used to accommodate a mobile home.

9. "Educational program" means a class, workshop or educational convention that primarily instructs attendees on issues dealing with the operation of a mobile home park and that is sponsored by a nonprofit organization whose sole or primary purpose is the advocacy and promotion of the rental mobile home parks industry.

10. "Fund" means the mobile home relocation fund.

11. "Good faith" means honesty in fact in the conduct or transaction concerned.

12. "Guest" means a nonresident, over and above the occupancy limit set for the resident's space under the terms of the rental agreement or by park rules, of a mobile home park who stays at the home of a person with constructive possession of the home with the consent of the resident for one or more nights and not more than thirty days in any twelve-month period.

13. "Landlord" means the owner, lessor, sublessor or operator, or any combination thereof, of a mobile home park and it also means a manager of the premises who fails to disclose as required by section 33-1432.

14. "Mobile home":

(a) Means either of the following:

(i) A residential structure that was manufactured on or before June 15, 1976, that is transportable in one or more sections, eight feet or more in body width, over thirty feet in body length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities and not originally sold as a travel trailer or recreational vehicle and that includes the plumbing, heating, air conditioning and electrical systems in the structure.

(ii) A manufactured home built after June 15, 1976, originally bearing an appropriate insignia of approval issued by the United States department of housing and urban development.

(b) Does not include either of the following:

(i) A recreational vehicle such as a motor home, camping trailer, van, fifth wheel trailer or other type of recreational vehicle.

(ii) A structure known as a park model trailer that is a structure built on a single chassis, mounted on wheels and designed to be connected to the utilities necessary for the operation of installed fixtures and appliances and that has a gross interior area of not less than three hundred twenty square feet and not more than four hundred square feet when prepared for occupancy.

15. "Mobile home park" means any parcel of land that contains four or more mobile home spaces.

16. "Mobile home space" means a parcel of land for rent that has been designed to accommodate a mobile home and provide the required sewer and utility connections.

17. "Moving expenses" means the cost incurred by the tenant whose mobile home is moved for taking down, transporting and setting up the mobile home with the identical, or substantially similar, improvements as were attached to the tenant's mobile home on the mobile home space from which it was removed but does not include the cost of landscaping or the cost of utility lines, trenching or utility connections located in excess of twenty-five feet from the point of hookup on the mobile home.

18. "Organization" includes a corporation, limited liability company, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest and any other legal or commercial entity that is a landlord, owner, manager or designated agent pursuant to section 33-1432.

19. "Owner":

(a) Means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and a right to present use and enjoyment of the premises.

(b) Includes a mortgagee in possession.

20. "Park manager" means the person who is primarily responsible for the day-to-day operation of a mobile home park.

21. "Person" includes a company, partnership or firm as well as a natural person.

22. "Premises" means the mobile home park and its existing facilities and appurtenances, including furniture and utilities where applicable, and grounds, areas and existing facilities held out for the use of tenants generally or whose use is promised to the tenant.

23. "Prospective tenant" means a person who desires to become a tenant.

24. "Redevelopment of the mobile home park" means that the spaces being redeveloped shall remain vacant for at least one hundred eighty days after the effective date of all change in use notices that are given to the tenants and either of the following applies:

(a) A minimum of twenty-five percent of the spaces in the park, in groups of at least five contiguous spaces, are being changed into an upgraded mobile home park.

(b) A minimum of twenty-five of the total number of spaces in the park, in groups of at least five contiguous spaces, are being changed into an upgraded mobile home park.

25. "Rent" means payments to be made to the landlord or designated agent in full consideration for the rented premises.

26. "Rental agreement" means leases or agreements and valid rules adopted under section 33-1452 embodying the terms and conditions concerning the use and occupancy of a mobile home space and premises, and includes month-to-month tenancies that arise out of the expiration of a written rental agreement pursuant to section 33-1413.

27. "Resident" means a person entitled under a rental agreement to occupy a mobile home space to the exclusion of others and does not include a person rendering necessary care or services under section 33-1413.03.

28. "Security" or "security deposit" means any refundable money or property given to assure payment or performance under a rental agreement.

29. "Tenant" means a person signing a rental agreement or otherwise agreeing with a landlord for the occupancy of a mobile home space.

30. "Visitor" means a nonresident of a mobile home park who stays at the home of a resident with the consent of the resident but does not stay overnight.
A.R.S. § 33-987 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 987
33-987 Lien for labor or materials furnished on waterways, highways, excavations or land
Status: in_force

33-987. Lien for labor or materials furnished on waterways, highways, excavations or land

A person who labors or furnishes labor or materials in the construction, alteration or repair of any canal, water ditch, flume, aqueduct or reservoir, bridge, fence, road, highway, cellar, excavation or other structure or improvement, or in the clearing, ditching, bordering or leveling of land, and to whom wages or monies are due or owing therefor, shall have a lien upon such property for all amounts due and unpaid. Materials includes the use of mules, horses, machinery or equipment used in or about such projects.
A.R.S. § 33-722 — Arizona Code / Title 33 / Chapter 6 / Article 2 / Section 722
33-722 Election between action on debt or to foreclose
Status: in_force

33-722. Election between action on debt or to foreclose

If separate actions are brought on the debt and to foreclose the mortgage given to secure it, the plaintiff shall elect which to prosecute and the other shall be dismissed.
A.R.S. § 33-1413.02 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1413.02
33-1413.02 Guest fee
Status: in_force

33-1413.02. Guest fee

The rental agreement may provide that the landlord may charge a guest fee.
A.R.S. § 33-301 — Arizona Code / Title 33 / Chapter 3 / Article 1 / Section 301
33-301 Posting of lien law and rates by innkeepers
Status: in_force

33-301. Posting of lien law and rates by innkeepers

Every keeper of a hotel, inn, boarding, lodging or apartment house, or auto camp, shall post in a conspicuous place in the office or public room, and in every bedroom of the establishment, a printed copy of sections 33-951 and 33-952, with a printed statement of charges by the day, week or month for meals, lodging or other items furnished.
A.R.S. § 33-706 — Arizona Code / Title 33 / Chapter 6 / Article 1 / Section 706
33-706 Assignment of mortgage; recording as notice
Status: in_force

33-706. Assignment of mortgage; recording as notice

An assignment of a mortgage may be recorded in like manner as a mortgage, and the record is notice to all persons subsequently deriving title to the mortgage from the assignor.
A.R.S. § 33-2624 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2624
33-2624 Court's authority under this chapter
Status: in_force

33-2624. Court's authority under this chapter

The court may issue any order, process or judgment that is necessary or appropriate to carry out this chapter.
A.R.S. § 33-1501 — Arizona Code / Title 33 / Chapter 11 / Article 6 / Section 1501
33-1501 Affidavit of affixture for mobile home in mobile home park
Status: in_force

33-1501. Affidavit of affixture for mobile home in mobile home park

A. Notwithstanding any other statute, a person who owns a mobile home that is located in a mobile home park on real property that is not owned by that person may file an affidavit of affixture with the county recorder of the county in which the real property is located if all of the following conditions are met:

1. The mobile home has been installed on the real property with all wheels and axles removed in compliance with applicable state and local mobile home installation standards.

2. The owner of the mobile home has entered into a lease for the real property on which the mobile home is located for a primary term of at least twenty years and the lease specifically permits the recording of an affidavit of affixture.

3. Before filing the affidavit of affixture, a memorandum of lease is recorded that includes all of the following:

(a) The names and addresses of the landlord and the tenant.

(b) The duration of the primary term of the lease.

(c) The conditions of any lease renewal provisions.

(d) The make, year, size, manufacturer's list price and vehicle identification numbers of the mobile home.

(e) The legal description of the real property on which the mobile home is located.

(f) The acknowledged signatures of both the landlord and the tenant.  A memorandum of lease is not valid unless the signatures of both the landlord and the tenant are included on the memorandum and are acknowledged.

B. For a mobile home park, a legal description of the real property is sufficient as follows:

1. For a mobile home park that has a subdivision plat recorded with the county recorder that identifies the individual lots, the description shall refer to the lot, the name of the community as shown on the plat and the recording information for the plat of record.

2. A mobile home park may record a leasehold map of the mobile home park. A leasehold map shall, at a minimum, set forth the legal description of the land comprising the mobile home park, show the location of all rental spaces of the mobile home park and assign each space a unique identifying number.  To qualify as a leasehold map, the map shall identify the mobile home park by name and contain a certification by the owner of the land that it accurately depicts the location and dimensions of all mobile home spaces in the mobile home park.  Leasehold maps shall be recorded as maps by the county recorder and shall conform to size and other restrictions applicable to the recording of maps.  For a mobile home park that has recorded a leasehold map, the legal description is sufficient if it refers to the space number of the mobile home space as shown on the leasehold map and refers to the recording data pertaining to the leasehold map.

3. For a mobile home park that does not have a plat recorded with the county recorder that identifies individual lots, the description shall comply with any of the following:

(a) A metes and bounds description of the real property that is subject to the lease.  This description shall also serve as the legal description of the mobile home lot in the lease.

(b) A reference to a lot number that is contained in an unrecorded plat of the mobile home park if a legible copy of the plat is attached to both the memorandum of lease and the affidavit of affixture and each copy of the unrecorded plat sets forth the exact dimensions of the mobile home lot. The location of the lot shall be shown on the plat so that the lot can be located with certainty.

(c) A reference to a lot number that is contained in a development plan that has been reviewed and approved by the county or municipal planning department that has jurisdiction over the land depicted in the development plan.  The description is sufficient if it contains the name and date of the development plan, the lot number of the designated lot and the actual or approximate date of approval of the development plan by the planning department.  A legible copy of the development plan lot shall be attached to both the memorandum of lease and the affidavit of affixture and each copy of the development plan lot shall set forth the exact dimensions of the mobile home lot and shall show its exact location.

C. An affidavit of affixture that is filed pursuant to this section shall contain all of the following:

1. The make, year, size, manufacturer's list price and vehicle identification numbers of the mobile home.

2. The legal description of the real property to which the mobile home has been affixed.

3. A statement that the mobile home has not previously been assessed and taxed in this state as personal property or the name and address of the persons to whom the last tax statement for the mobile home was sent and the location of the mobile home when it was last taxed.

4. The name of the holder of any security interests in the mobile home that are not terminated by the consent of the secured party that is contained in the affidavit of affixture pursuant to subsection E of this section and the original principal amount that is secured by the security interest.

D. The department of transportation's receipt that is issued pursuant to section 28-2063, subsection A, paragraph 3 shall be filed with the assessor in the county the affidavit of affixture is recorded.

E. The recording of an affidavit of affixture does not impair the rights of any holder of a perfected security interest in the mobile home unless the affidavit of affixture contains the acknowledged consent of the secured party to the termination of the security interest.  If a secured party so consents, that security interest terminates when the affidavit of affixture is recorded.

F. If an affidavit of affixture is submitted for recording on a mobile home that enters this state for sale or installation, a certificate of compliance or waiver that is issued by the Arizona department of housing is required and shall be submitted with the affidavit of affixture.

G. The landlord under the lease who is also the owner of the real property on which the mobile home is located may record a notice and affidavit that terminates an affidavit of affixture of a mobile home on the landlord's real property if the lease has been terminated before its expiration. In that event, the landlord shall attach to the notice and affidavit one of the following:

1. An agreement executed by both the landlord and the tenant in which both parties agree to the termination of the lease.

2. A copy of a judgment for forcible detainer that is entered by a court of competent jurisdiction, that upholds the termination of the lease and that awards possession of the real property to the landlord.

3. An affidavit of the landlord stating that the mobile home has been removed from the real property.

H. At any time after the landlord records a notice and affidavit terminating an affidavit of affixture pursuant to subsection G of this section, the department of transportation shall retitle the mobile home to the owner of the mobile home on presentation of a copy of the notice and affidavit that terminates the affidavit of affixture, together with a document that contains a tax clearance from the county treasurer's office, and on satisfaction of other requirements that the department of transportation imposes.

I. The mobile home and the leasehold interest to which it is affixed shall be treated as real property.  This chapter applies to the relationship between the landlord and the owner of the mobile home as tenant.

J. If there is a change in the identity of the owner of the mobile home during the term of any lease for which an affidavit of affixture has been recorded pursuant to this section, the landlord and the new owner of the mobile home as successor tenant shall execute an amended memorandum of lease that identifies the successor tenant and that refers to the affidavit of affixture by date and recording information.  On the recording of the amended memorandum of lease, the successor tenant succeeds to the rights and obligations of the owner under the affidavit of affixture.
A.R.S. § 33-1903 — Arizona Code / Title 33 / Chapter 17 / Article 1 / Section 1903
33-1903 Appointment of temporary receiver; term; duties, accounting
Status: in_force

33-1903. Appointment of temporary receiver; term; duties, accounting

A. This state or a city, town or county of this state may apply to the superior court for the appointment of a temporary receiver to manage a property that is designated as a slum property by a city, town or county or the state.

B. If the court determines that the appointment of a temporary receiver is necessary, the court may order the appointment of a temporary receiver to manage or operate the premises for as long as the court deems necessary.  The court shall not appoint a temporary receiver for a term of more than one year.

C. A temporary receiver who is appointed pursuant to subsection B of this section either shall be a real estate licensee specializing in property management or an attorney specializing in real estate law and shall swear or affirm to faithfully and fairly discharge the receiver's duties.  The court may require the temporary receiver to post a bond in an amount fixed by the court.

D. The court shall determine the following:

1. The management duties of the receiver.

2. The amount of compensation to be paid to the receiver.

3. The method of payment.

4. The payment periods.

E. The temporary receiver shall continue to manage the property during the pendency of any appeal or until relieved by the court.  The court may remove a temporary receiver on its own motion or on the motion of any party or the temporary receiver.

F. The temporary receiver may do any of the following:

1. Take control of the property.

2. Pay the mortgage on the property if there are sufficient monies derived from the income of the property to do so.

3. Collect rents due on the property.

4. Make or have made any repairs that are necessary to bring the property into compliance with any statute or ordinance.

5. Make payments that are necessary for the maintenance or restoration of utilities to the property.

6. Purchase materials that are necessary to make repairs.

7. Renew, terminate or modify existing rental contracts and leases as provided by law.

8. Enter into new rental contracts and leases.

9. Affirm, renew or terminate an existing insurance contract that covers the property as provided by law.

10. Enter into a new contract that provides for insurance coverage on the property.

11. Hire security or other personnel that are necessary for the safe and proper operation and maintenance of the property.

12. Prosecute or defend suits that flow from the management of the property and retain counsel.

13. Exercise all other authority that an owner of the property would have except the authority to sell the property.

G. Before the receiver spends monies in excess of ten thousand dollars the court and the party who is responsible for the payment of the temporary receiver's expenditures shall approve the expenditure of those monies.

H. The costs of compensation to and expenditures by the temporary receiver shall be paid in the following order of priority:

1. From the income that is derived from the property and that is available after all taxes and mortgages are satisfied.

2. By the party who requested the appointment of the temporary receiver.

I. On filing with the county recorder of the county in which the property is located, a lien is created in favor of the party who pays the temporary receiver's costs of compensation and expenditures other than the defendant.  The lien is prior to all other liens, obligations or encumbrances except for prior recorded mortgages, restitution liens, child support liens and general tax liens.

J. On the completion of the receivership, the temporary receiver shall file with the court a full accounting of all costs and expenses incurred and all income received during course of the receivership.

K. On finding that the appointment of a temporary receiver is no longer warranted, the court on its own motion or the motion of any party may terminate the temporary receivership.

L. After all violations have been cured, the temporary receivership shall be terminated.
A.R.S. § 33-2615 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2615
33-2615 Use or transfer of receivership property not in the ordinary course of business; definition
Status: in_force

33-2615. Use or transfer of receivership property not in the ordinary course of business; definition

A. With court approval, a receiver may use receivership property other than in the ordinary course of business.

B. With court approval, a receiver may transfer receivership property other than in the ordinary course of business by sale, lease, license, exchange or other disposition. Unless the agreement of sale provides otherwise, a sale under this section is free and clear of a lien of the person that obtained appointment of the receiver, any subordinate lien and any right of redemption but is subject to a senior lien.

C. A lien on receivership property that is extinguished by a transfer under subsection B of this section attaches to the proceeds of the transfer with the same validity, perfection, and priority the lien had on the property immediately before the transfer, even if the proceeds are not sufficient to satisfy all obligations secured by the lien.

D. A transfer under subsection A or B of this section may occur by means other than a public auction sale.  A creditor holding a valid lien on the property to be transferred may purchase the property and offset against the purchase price part or all of the allowed amount secured by the lien, if the creditor tenders funds sufficient to satisfy in full the reasonable expenses of transfer.  The property transferred is subject to any senior lien unless extinguished by the transfer.

E. A reversal or modification of an order approving a transfer under subsection A or B of this section does not affect the validity of the transfer to a person that acquired the property in good faith or revive against the person any lien extinguished by the transfer, whether the person knew before the transfer of the request for reversal or modification, unless the court stayed the order before the transfer.

F. For the purposes of this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.
A.R.S. § 33-702 — Arizona Code / Title 33 / Chapter 6 / Article 1 / Section 702
33-702 Mortgage defined; admissibility of proof that transfer is a mortgage
Status: in_force

33-702. Mortgage defined; admissibility of proof that transfer is a mortgage

A. Every transfer of an interest in real property, other than in trust, or a trust deed subject to the provisions of chapter 6.1 of this title, made only as a security for the performance of another act, is a mortgage. The fact that a transfer was made subject to defeasance on a condition may, for the purpose of showing that the transfer is a mortgage, be proved except against a subsequent purchaser or encumbrancer for value and without notice, notwithstanding that the fact does not appear by the terms of the instrument.

B. A mortgage or trust deed may provide for an assignment to the mortgagee or beneficiary of the interest of the mortgagor or trustor in leases, rents, issues, profits or income from the property covered thereby, whether effective before, upon or after a default under such mortgage or trust deed or any contract secured thereby, and such assignment may be enforced without regard to the adequacy of the security or the solvency of the mortgagor or trustor by any one or more of the following methods:

1. The appointment of a receiver.

2. The mortgagee or beneficiary taking possession of the property, or without the mortgagee or beneficiary taking possession of the property.

3. Collecting such monies directly from the parties obligated for payment.

4. Injunction.
A.R.S. § 33-1413.03 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1413.03
33-1413.03 Care givers
Status: in_force

33-1413.03. Care givers

Pursuant to state and federal fair housing laws, a resident who has a disability as defined in section 41-1491 may have one or more persons occupy the resident's mobile home to provide necessary live-in health care, personal care or supportive services if the care or services are necessary to afford the resident with a disability an equal opportunity to use and enjoy the dwelling. The landlord shall not charge a fee for the persons rendering live-in health care, personal care or supportive services. The persons rendering live-in health care, personal care or supportive services have no rights of tenancy, and any agreement between the resident and the persons rendering live-in health care, personal care or supportive services does not modify any term or condition of the rental agreement between the landlord and tenant. The persons rendering live-in health care, personal care or supportive services shall comply with the rules and regulations of the mobile home park.
A.R.S. § 33-909 — Arizona Code / Title 33 / Chapter 7 / Article 1 / Section 909
33-909 Release of farm services lien
Status: in_force

33-909. Release of farm services lien

When any lien established by the provisions of this article has been satisfied, the lienholder shall, within thirty days after satisfaction, issue a release of the lien to the person against whom the lien was claimed. Such release shall be a document in a form as specified in section 11-480. Failure to grant such a release shall be subject to the penalties prescribed by section 33-712.
A.R.S. § 33-2201 — Arizona Code / Title 33 / Chapter 20 / Article 1 / Section 2201
33-2201 Application
Status: in_force

33-2201. Application

This chapter applies to all timeshare plans, timeshare property and associations in this state that are established on or after the effective date of this chapter. This chapter also applies, unless the timeshare instrument provides otherwise, to timeshare plans, timeshare property and associations in this state that are established at any time before the effective date of this chapter.  Notwithstanding this title or title 32 this chapter governs if there is any conflict between this chapter and any other statute related to the operation and management of timeshare plans, timeshare property or associations in this state.
A.R.S. § 33-2145 — Arizona Code / Title 33 / Chapter 19 / Article 4 / Section 2145
33-2145 Remedy after termination
Status: in_force

33-2145. Remedy after termination

A. If the rental agreement is terminated, the landlord may have a claim for possession of the recreational vehicle space and for rent and a separate claim for actual damages for breach of the rental agreement.

B. In the execution of any writ of restitution issued pursuant to section 12-1178 or 12-1181, the landlord may provide written instructions to the sheriff or constable not to remove the recreational vehicle from its space, and if those written instructions are provided, the sheriff or constable may fully execute the writ of restitution by removing all occupants and their possessions from the recreational vehicle and from the space it occupies.  The recreational vehicle is deemed abandoned, and the landlord may terminate any utility services that are provided by the landlord. An owner of a recreational vehicle in compliance with subsection C of this section may recover possession of the recreational vehicle while the title remains in the owner's name.

C. A recreational vehicle that is subject to a judgment for forcible detainer may not be removed from its space until the tenant has received from the landlord a clearance for removal that shows that all monies due the landlord as of the date of removal have been paid or that the landlord and tenant have otherwise agreed to the removal. The landlord may agree in writing to accept other terms in satisfaction of the judgment. This subsection does not apply to any lienholder of record on the date of judgment or its successors or assigns.
A.R.S. § 33-1248 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1248
33-1248 Open meetings; exceptions; notice; agenda; policy statement
Status: in_force

33-1248. Open meetings; exceptions; notice; agenda; policy statement

A. Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the unit owners' association and the board of directors, and any regularly scheduled committee meetings, are open to all members of the association or any person designated by a member in writing as the member's representative and all members or designated representatives so desiring shall be allowed to attend and speak at an appropriate time during the deliberations and proceedings. The board may place reasonable time restrictions on those persons speaking during the meeting but shall allow a member or a member's designated representative to speak once after the board has discussed a specific agenda item but before the board takes formal action on that item in addition to any other opportunities to speak. The board shall provide for a reasonable number of persons to speak on each side of an issue. Persons attending may audiotape or videotape those portions of the meetings of the board of directors and meetings of the members that are open.  The board of directors of the association shall not require advance notice of the audiotaping or videotaping and may adopt reasonable rules governing the audiotaping or videotaping of open portions of the meetings of the board and the membership, but such rules shall not preclude such audiotaping or videotaping by those attending, unless the board audiotapes or videotapes the meeting and makes the unedited audiotapes or videotapes available to members on request without restrictions on their use as evidence in any dispute resolution process. If a board records a meeting that is open to the members, the board shall keep a copy of the recording for at least six months and make the unedited recording available to any member on request in compliance with section 33-1258, subsection A. Any portion of a meeting may be closed only if that portion of the meeting is limited to consideration of one or more of the following:

1. Legal advice from an attorney for the board or the association. On final resolution of any matter for which the board received legal advice or that concerned pending or contemplated litigation, the board may disclose information about that matter in an open meeting except for matters that are required to remain confidential by the terms of a settlement agreement or judgment.

2. Pending or contemplated litigation.

3. Personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association, including records of the association directly related to the personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association.

4. Matters relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association.

5. Discussion of a unit owner's appeal of any violation cited or penalty imposed by the association except on request of the affected unit owner that the meeting be held in an open session.

B. Notwithstanding any provision in the condominium documents, all meetings of the unit owners' association and the board shall be held in this state.  A meeting of the unit owners' association shall be held at least once each year. Special meetings of the unit owners' association may be called by the president, by a majority of the board of directors or by unit owners having at least twenty-five percent, or any lower percentage specified in the bylaws, of the votes in the association. Not fewer than ten or more than fifty days in advance of any meeting of the unit owners, the secretary shall cause notice to be hand delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner. The notice of any meeting of the unit owners shall state the date, time and place of the meeting. The notice of any annual, regular or special meeting of the unit owners shall also state the purpose for which the meeting is called, including the general nature of any proposed amendment to the declaration or bylaws, any changes in assessments that require approval of the unit owners and any proposal to remove a director or officer. The secretary shall also provide an agenda for any meeting of the unit owners' association by hand delivery, mail, website posting, email or other electronic means or posting at a community center or other similar location. The failure of any unit owner to receive actual notice of a meeting of the unit owners or the meeting agenda does not affect the validity of any action taken at that meeting.

C. Before entering into any closed portion of a meeting of the board of directors, or on notice of a meeting under subsection D of this section that will be closed, the board shall identify the paragraph under subsection A of this section that authorizes the board to close the meeting.

D. Notwithstanding any provision in the declaration, bylaws or other condominium documents, for meetings of the board of directors that are held after the termination of declarant control of the association, notice to unit owners of meetings of the board of directors and meeting agendas shall be given at least forty-eight hours in advance of the meeting by newsletter, conspicuous posting or any other reasonable means as determined by the board of directors. An affidavit of notice by an officer of the association is prima facie evidence that notice was given as prescribed by this section.  Notice to unit owners of meetings of the board of directors is not required if emergency circumstances require action by the board before notice can be given. Any notice of a board meeting shall state the date, time and place of the meeting. The failure of any unit owner to receive actual notice of a meeting of the board of directors or a meeting agenda does not affect the validity of any action taken at that meeting.

E. Notwithstanding any provision in the declaration, bylaws or other condominium documents, for meetings of the board of directors that are held after the termination of declarant control of the association, all of the following apply:

1. The agenda shall be available in advance for all unit owners attending.

2. An emergency meeting of the board of directors may be called to discuss business or take action that cannot be delayed for the forty-eight hours required for notice. At any emergency meeting called by the board of directors, the board of directors may act only on emergency matters.  The minutes of the emergency meeting shall state the reason necessitating the emergency meeting.  The minutes of the emergency meeting shall be read and approved at the next regularly scheduled meeting of the board of directors.

3. A quorum of the board of directors may meet by means of a telephone conference if a speakerphone is available in the meeting room that allows board members and unit owners to hear all parties who are speaking during the meeting.

4. Any quorum of the board of directors that meets informally to discuss association business, including workshops, shall comply with the open meeting and notice provisions of this section without regard to whether the board votes or takes any action on any matter at that informal meeting.

F. It is the policy of this state as reflected in this section that all meetings of a condominium, whether meetings of the unit owners' association or meetings of the board of directors of the association, be conducted openly and that notices and agendas be provided in advance for those meetings that contain the information that is reasonably necessary to inform the unit owners of the matters to be discussed or decided and to ensure that unit owners have the ability to speak after discussion of agenda items, but before a vote of the board of directors or members is taken.  Toward this end, any person or entity that is charged with the interpretation of these provisions, including members of the board of directors and any community manager, shall take into account this declaration of policy and shall construe any provision of this section in favor of open meetings.

G. This section does not apply to timeshare plans or associations that are subject to chapter 20 of this title.
A.R.S. § 33-221 — Arizona Code / Title 33 / Chapter 2 / Article 2 / Section 221
33-221 Estates in expectancy; alienability
Status: in_force

33-221. Estates in expectancy; alienability

A. A freehold estate or a chattel real may be created to commence at a future time, subject to the provisions of this chapter.

B. Estates in expectancy are descendable, devisable and alienable as estates in possession.

C. An estate of freehold or inheritance may be made to commence in the future by deed or conveyance in like manner as by will.

D. All estates in expectancy except those enumerated and defined in this chapter are abolished.
A.R.S. § 33-1229 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1229
33-1229 Rights of secured lenders
Status: in_force

33-1229. Rights of secured lenders

The declaration may require that all or a specified number or percentage of the mortgagees, beneficiaries of deeds of trust or sellers under contracts, as defined in section 33-741, for conveyance of real property encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but requirement for approval shall not operate to either:

1. Deny or delegate control over the general administrative affairs of the association by the unit owners or the board of directors.

2. Prevent the association or the board of directors from commencing, intervening in or settling any litigation or proceeding, or receiving and distributing any insurance proceeds pursuant to section 33-1253.
A.R.S. § 33-1411 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1411
33-1411 Unconscionability
Status: in_force

33-1411. Unconscionability

A. If the hearing officer or court, as a matter of law, finds:

1. That a rental agreement or any provision thereof was unconscionable when made, the hearing officer or court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

2. That a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made, the hearing officer or court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid any unconscionable result.

B. If unconscionability is put into issue by a party or by the hearing officer or court upon his or its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the hearing officer or court in making the determination.
A.R.S. § 33-906 — Arizona Code / Title 33 / Chapter 7 / Article 1 / Section 906
33-906 Joinder of actions; costs
Status: in_force

33-906. Joinder of actions; costs

Any number of persons claiming liens against the same property under this article may join in the same action, and when separate actions are commenced, the court may consolidate them. The court shall, as part of the costs, allow the fees paid for filing and recording the claim and a reasonable attorney's fee for each claimant who is a party to the action.
A.R.S. § 33-1702 — Arizona Code / Title 33 / Chapter 15 / Article 1 / Section 1702
33-1702 Residential use; prohibition
Status: in_force

33-1702. Residential use; prohibition

A. An operator shall not knowingly permit a leased space at a self-service storage facility to be used for residential purposes.

B. An occupant shall not use a leased space for residential purposes.
A.R.S. § 33-1247 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1247
33-1247 Upkeep of the condominium
Status: in_force

33-1247. Upkeep of the condominium

A. Except to the extent provided by the declaration, subsection C of this section or section 33-1253, subsection B, the association is responsible for maintenance, repair and replacement of the common elements and each unit owner is responsible for maintenance, repair and replacement of the unit. On reasonable notice, each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through the unit reasonably necessary for those purposes. If damage is inflicted on the common elements or any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair of the damage.

B. For any residential rental units that have been declared a slum property by the city or town pursuant to section 33-1905 and that are in the condominium complex, the association is responsible for enforcing any requirement for a licensed property management firm that is imposed by a city or town pursuant to section 33-1906.

C. In addition to the liability borne by the declarant as a unit  owner under this chapter, the declarant alone is liable for the maintenance, repair and replacement of any portion of the common elements which the declarant reserves the right to withdraw from the condominium, as long as the unit owner maintains that right.
A.R.S. § 33-1258 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1258
33-1258 Association financial and other records; applicability
Status: in_force

33-1258. Association financial and other records; applicability

A. Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.  The association shall not charge a member or any person designated by the member in writing for making material available for review.  The association shall have ten business days to fulfill a request for examination.  On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.  An association may charge a fee for making copies of not more than fifteen cents per page.

B. Books and records kept by or on behalf of the association and the board may be withheld from disclosure to the extent that the portion withheld relates to any of the following:

1. Privileged communication between an attorney for the association and the association.

2. Pending litigation.

3. Meeting minutes or other records of a session of a board meeting that is not required to be open to all members pursuant to section 33-1248.

4. Personal, health or financial records of an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association, including records of the association directly related to the personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association.

5. Records relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association.

C. The association shall not be required to disclose financial and other records of the association if disclosure would violate any state or federal law.

D. This section does not apply to an association for a timeshare plan that is subject to chapter 20 of this title.
A.R.S. § 33-1313 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1313
33-1313 Notice
Status: in_force

33-1313. Notice

A. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person "knows" or "has knowledge" of a fact if he has actual knowledge of it.

B. A person "notifies" or "gives" a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person "receives" a notice or notification when it comes to his attention, or in the case of the landlord, it is delivered in hand or mailed by registered or certified mail to the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication or delivered to any individual who is designated as an agent by section 33-1322 or, in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the absence of such designation, to his last known place of residence. If notice is mailed by registered or certified mail, the tenant or landlord is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed, whichever occurs first.

C. "Notice," knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting the transaction and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence.
A.R.S. § 33-234 — Arizona Code / Title 33 / Chapter 2 / Article 2 / Section 234
33-234 Time when remainder on life estate or term of years takes effect
Status: in_force

33-234. Time when remainder on life estate or term of years takes effect

When a remainder on an estate for life or on an estate for years is not limited upon a contingency defeating or avoiding the precedent estate, it shall take effect only on the death of the first taker or the expiration of the term of years.
A.R.S. § 33-224 — Arizona Code / Title 33 / Chapter 2 / Article 2 / Section 224
33-224 Effect of conveyance purporting to create fee tail; effect of conveyance by tenant in tail
Status: in_force

33-224. Effect of conveyance purporting to create fee tail; effect of conveyance by tenant in tail

A. A devise, gift, grant or other conveyance which creates or transfers an estate which, at common law, would be an estate in fee tail, shall be deemed and have the effect of a conveyance in fee simple.

B. A devise, gift, grant or other conveyance made by a person holding an estate under a conveyance which at common law would have given such person an estate in fee tail shall have effect as though such person were holding a fee simple estate.
A.R.S. § 33-1375 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1375
33-1375 Periodic tenancy; hold-over remedies
Status: in_force

33-1375. Periodic tenancy; hold-over remedies

A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice.

B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.

C. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months' periodic rent or twice the actual damages sustained by the landlord, whichever is greater. If the landlord consents in writing to the tenant's continued occupancy, section 33-1314, subsection D applies.
A.R.S. § 33-710 — Arizona Code / Title 33 / Chapter 6 / Article 1 / Section 710
33-710 Release by foreign personal representative, administrator, guardian or conservator
Status: in_force

33-710. Release by foreign personal representative, administrator, guardian or conservator

When a personal representative or administrator of the estate of a person not a resident of this state at the time of his death has been appointed in another state or foreign country, and no personal representative or administrator has been appointed in this state, or when a guardian or conservator of a minor has been appointed in another state or foreign country, such foreign personal representative, administrator, guardian or conservator, upon recording an authenticated copy of his appointment in the recorder's office of the county in which the mortgage held by the estate of the deceased person or minor is recorded, may execute satisfaction or deeds of release of mortgages upon property located in this state in the same manner as personal representatives, administrators, guardians or conservators appointed in this state.
A.R.S. § 33-1476.04 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1476.04
33-1476.04 Relocations due to rent increase; mobile home relocation fund; applicability
Status: in_force

33-1476.04. Relocations due to rent increase; mobile home relocation fund; applicability

A. A tenant is eligible for payment from the mobile home relocation fund if all of the following conditions are met:

1. The tenant resides in a mobile home that is owned by the tenant and that is located in a mobile home park.

2. A rent increase will be effective at the expiration or renewal of the tenant's rental agreement.

3. The rent increase either singly or in combination during any consecutive twelve-month period is more than a total of ten percent plus the current increase in the consumer price index over the most recent one-year period before the date of the notice of the rent increase.  For the purposes of this paragraph, "consumer price index" means the "west-A" index that is published by the United States department of labor, bureau of labor statistics, and that demonstrates changes in prices in certain cities in the western United States.

B. A landlord who increases rent as prescribed by subsection A of this section shall give written notice of the applicability of this section to all affected tenants.

C. A tenant is eligible to receive relocation expenses pursuant to subsection A of this section as follows:

1. At least thirty days before the effective date of the rent increase that exceeds the limits prescribed by subsection A of this section, the tenant shall submit a contract for relocation of the mobile home to the director for approval and to the landlord.

2. Before the effective date of the rent increase, the tenant shall have a fully signed contract with a licensed installer or contractor to move the mobile home to a specific location.

3. The director shall approve or disapprove the contract submitted within fifteen days after receipt of the contract, and the contract is deemed to be approved on the sixteenth day if the director takes no action.

4. If the contract is approved, the payment of relocation expenses shall be made to the installer or contractor when both of the following are complete:

(a) The installer or contractor obtains valid permits to move the mobile or manufactured home to a new location.

(b) The installer or contractor provides documentation to the department that the installation of the mobile or manufactured home at the new location is complete and has been inspected by the department or its designee and is approved for occupancy.

5. If the contract is not approved, the tenant may appeal to an administrative law judge pursuant to title 41, chapter 37, article 5. The tenant shall provide notice pursuant to section 33-1451, subsection A, paragraph 6 if the tenant relocates.

6. On approval, the tenant is eligible for the lesser of the actual moving expenses of relocating the mobile home or $12,500 for a single-section mobile home or $20,000 for a multisection mobile home. Compensable moving expenses include the cost of taking down, moving and setting up the mobile home in the new location if the mobile home is relocated to a residential location within a one hundred-mile radius of the vacated mobile home park.

D. As an alternative to receiving payment as prescribed in subsection C of this section, a tenant who is eligible to receive payment pursuant to subsection A of this section may abandon the mobile home in the mobile home park and collect an amount equal to forty percent of the maximum allowable moving expense for that mobile home from the mobile home relocation fund.  To qualify for an abandonment payment pursuant to this subsection, the tenant shall deliver to the landlord the current title to the mobile home with the notarized endorsement of the owner of record together with complete releases of all liens that are shown on the title and proof that all taxes owing on the mobile home have been paid to date.  The tenant shall provide a copy of these documents to the Arizona department of housing in support of the tenant's application for payment.  If the tenant chooses to abandon the mobile home pursuant to this subsection, the landlord is exempt from making the payments to the fund prescribed in section 33-1476.01, subsection D.

E. This section does not apply to rent increases that are prescribed in a written rental agreement.

F. This section does not make any rent increase unreasonable.
A.R.S. § 33-2211 — Arizona Code / Title 33 / Chapter 20 / Article 1 / Section 2211
33-2211 Trustee's sale of timeshare estates; notice; cure; notice to prevent sale; definitions
Status: in_force

33-2211. Trustee's sale of timeshare estates; notice; cure; notice to prevent sale; definitions

A. The association or other managing entity may cause a trustee's sale of the timeshare estate, of an owner who is delinquent in the payment of assessments for that timeshare estate to that association or managing entity, under a timeshare instrument pursuant to this section, but only if that owner has been delinquent in the payment of assessments for that timeshare estate for a period of one year.

B. An association or other managing entity that desires to use a trustee's sale shall prepare, execute and acknowledge a notice of delinquency identifying the owner of the timeshare estate, the nature and amount of the owner's current delinquency in payment of assessments, the legal description of the owner's timeshare estate, the name and address of the association or other managing entity and the name and address of the trustee designated by the association or managing entity to conduct the trustee's sale.

C. A notice of delinquency may apply to multiple timeshare estates owned by an owner if the owner is delinquent in payment of assessments for all of the timeshare estates included in the notice of delinquency and the notice of delinquency states separately the delinquent assessments for each timeshare estate.  A notice of delinquency may apply to multiple delinquent owners if each owner's delinquency or delinquencies are listed separately and the notice includes the information required by subsection B of this section for each owner.

D. The association or managing entity shall record the notice of delinquency with the county recorder of the county in which the timeshare property relating to the timeshare estate or estates is located and shall mail by certified mail, return receipt requested, a copy of the notice of delinquency to the owner or owners listed in the notice at the last address for each delinquent owner according to the records of the association or managing entity.  The association or other managing entity shall post a summary of the notice of delinquency on an owners' bulletin board or other owner notice board provided by the association or other managing entity at the timeshare property, subject to other applicable law.

E. A trustee appointed in a notice of delinquency and any properly appointed substitute trustee may conduct a trustee's sale of a timeshare estate under this section.  The recording of a notice of delinquency shall satisfy all requirements for the trustee, or any properly appointed substitute trustee, to appear in the chain of title for the timeshare estate in order for the trustee to be entitled to issue a trustee's deed on completion of a trustee's sale for the timeshare estate.

F. If the delinquencies identified in a notice of delinquency are not cured within thirty days after the association or managing entity mails the notice of delinquency to the delinquent owner under subsection D of this section, the association or managing entity may cause the trustee to conduct a trustee's sale of the delinquent owner's timeshare estate pursuant to sections 33-803.01, 33-804, 33-807, 33-808, 33-809, 33-810, 33-811, 33-812, 33-813 and 33-820, except as otherwise provided in this section.  For the purposes of a trustee's sale of a delinquent owner's timeshare estate pursuant to chapter 6.1 of this title:

1. "Contract secured by the trust deed" means a specific owner's obligation to pay delinquent assessments for a specific timeshare estate.

2. "Deed of trust" means a specific owner's obligation for payment of assessments under the timeshare instrument and the lien securing payment of that obligation, however denominated.

3. "Trust property" means the timeshare estate or estates for which a specific owner is delinquent in the payment of assessments.

4. "Trustee" means a person who is qualified to serve as trustee as prescribed by section 33-803 and who is appointed as trustee pursuant to this section or any substitute trustee appointed by the beneficiary in accordance with section 33-804.

G. The posting of the notice of the time and place of sale required by section 33-808, subsection A, paragraph 3 shall occur on an owners' bulletin board or other owner notice board provided by the association or other managing entity at the timeshare property, on the association's or other managing entity's website for the timeshare property, if any, and in the association's or other managing entity's next newsletter, if any.  Any format of notice of trustee's sale may be used if the required information stated in section 33-808, subsection C is provided.  A request for notice under section 33-809 must identify a specific trustor and timeshare estate and the recorded timeshare instrument, if any.  The mailing of the notice of the time and place of sale required by section 33-809, subsection B, shall include a return receipt requested.  A copy of the notice of delinquency under subsection B of this section constitutes the statement of breach or nonperformance under section 33-809, subsection C, and the trustor's address for mailing is the address stated in the notice of delinquency.  The bid deposit under section 33-810, subsection A is one thousand dollars, as a single deposit for all timeshare estates included in the notice of trustee's sale.  Only the beneficiary or its assignee may make a credit bid in place of cash at the sale.  The proceeds of a trustee's sale shall be applied as provided in section 33-812, including the payment of all remaining excess proceeds to the trustor under section 33-812, subsection A.  The trustor and junior lienholders may reinstate by paying all amounts due in accordance with section 33-813.

H. The trustee's sale may include multiple timeshare estates owned by an owner if the owner is delinquent in payment of assessments for all of the timeshare estates included in the trustee's sale proceeding.  The trustee's sale may include timeshare estates owned by multiple owners if the notice of trustee's sale provides all information required by section 33-808, subsection D for each owner and timeshare estate and each timeshare estate is sold separately.

I. If fee title to a timeshare estate was acquired by an owner before January 1, 2009, the trustee shall proceed as follows and the owner may prevent a trustee's sale as to that timeshare estate as follows:

1. The notice of delinquency for any timeshare estate acquired by the owner before January 1, 2009 shall include a statement informing the owner of the owner's right to prevent a trustee's sale as to that timeshare estate by returning the form that is described in paragraph 2 of this subsection and that is signed by the owner, by certified mail, return receipt requested, to the trustee and to the association or other managing entity at the addresses stated in the notice of delinquency within thirty days after the association or other managing entity sends the notice of delinquency to the owner.

2. The notice of delinquency shall be accompanied by a form of notice in substantially the following form:

Notice of Election to Prevent

Trustee's Sale

The undersigned,     (name(s))   , is (are) the owner(s) of timeshare estate nos. _________ at    (timeshare plan name)   .  The undersigned has received a notice of delinquency dated _______________, ____ from   (association or other managing entity)  .  The undersigned hereby exercises the undersigned's right to prevent a trustee sale of the timeshare estate(s) that was (were) acquired by me (us) before January 1, 2009, pursuant to Arizona Revised Statutes section 33-2211, subsection I.

Dated: __________________________

__________________________

Owner's signature(s)

3. If an owner returns the signed form described in paragraph 2 of this subsection to the trustee and the association or other managing entity as required by paragraph 1 of this subsection, the association or other managing entity and the trustee shall desist from any trustee's sale proceedings with respect to the timeshare estate that was acquired by the owner before January 1, 2009 and described in the notice, but the association or managing entity may continue to use other available remedies to collect delinquent assessments for the timeshare estate.  If the owner does not timely return the signed form as prescribed by this subsection, the owner waives any rights under this subsection.

J. The remedy provided by this section does not exclude the use of any other available remedy of the association or managing entity for delinquency by a timeshare estate owner, unless an owner's timeshare estate is sold pursuant to a trustee's power of sale, in which case an action may not be maintained to recover any difference between the amount obtained by sale and the amount of the indebtedness and any interest, costs and expenses in connection with that timeshare estate.  This section does not prohibit an association or other managing entity from taking a deed in lieu of foreclosure executed by an owner of a timeshare estate.

K. This section shall not apply to any timeshare property for which the timeshare instrument expressly mandates that judicial foreclosure is the sole method for the association or other managing entity to foreclose or realize upon a lien securing payment of assessments due to that association or other managing entity.

L. For the purposes of this section:

1. "Beneficiary" means the association or other managing entity entitled to collect assessments.

2. "Trustor" means a specific owner who is delinquent in payment of assessments for a timeshare estate or estates.
A.R.S. § 33-1007 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 1007
33-1007 Definition of professional services
Status: in_force

33-1007. Definition of professional services

In this article, unless the context otherwise requires, "professional services" means architectural practice, engineering practice or land surveying practice as defined in section 32-101.
A.R.S. § 33-2210 — Arizona Code / Title 33 / Chapter 20 / Article 1 / Section 2210
33-2210 List of owners
Status: in_force

33-2210. List of owners

A. The association or other managing entity shall maintain among its records a complete list of the names and addresses of all owners of timeshare interests in the timeshare plan.  The association or other managing entity shall update this list no less frequently than quarterly. Neither the association nor other managing entity may publish this owners’ list or provide a copy of it to any owner or to any third party.

B. The association or other managing entity shall mail to those persons listed on the owners’ list prescribed by subsection A any materials provided by any owner, on the written request of that owner, if the purpose of the mailing is to advance legitimate association business, such as a proxy solicitation for any purpose, including the recall of one or more board members elected by the owners or the discharge of the manager or management firm.  The use of any proxies solicited in this manner must comply with the timeshare instrument and this chapter.  A mailing requested for the purpose of advancing legitimate association business shall occur within thirty days after receipt of a request from an owner.  The board of the association or the managing entity is responsible for determining the appropriateness of any mailing requested pursuant to this subsection and for establishing reasonable procedures for the exercise of the rights provided in this section.  The association or other managing entity does not have an obligation to mail items that the association or other managing entity reasonably believes may be libelous or otherwise actionable or on advice of legal counsel.  The owner who requests the mailing shall reimburse the association or other managing entity in advance for the actual costs in performing the mailing or a proportionate share of actual costs if the mailing is included in a mailing that includes other items.

C. If the requesting owner has complied with the reasonable procedures established by the board or managing entity for mailing requests, it is a violation of this chapter for the association or other managing entity to refuse to mail any material requested by the owner to be mailed, if the sole purpose of the materials is to advance legitimate association business and the requesting owner has either tendered to the association or managing entity payment of the cost pursuant to subsection B or has requested an invoice for that cost and has not received an invoice within ten days after delivering that request to the association or managing entity. If the purpose of the mailing is a proxy solicitation to recall one or more board members elected by the owners or to discharge the manager or management firm and the association or other managing entity does not mail the materials within thirty days after receipt of a request from an owner, the superior court in the county in which the timeshare plan or property is located, on application from the requesting owner, may summarily order the mailing of the materials solely related to the recall of one or more board members elected by the owners or the discharge of the manager or managing firm.  The court shall dispose of an application on an expedited basis.  In the event of such an order, the court may order the association or other managing entity to pay the owner’s costs, including attorney fees reasonably incurred to enforce the owner’s rights, unless the managing entity can demonstrate it refused the mailing in good faith because of a reasonable basis for doubt about the legitimacy of the mailing.

D. Notwithstanding any law to the contrary, the association or other managing entity may not furnish the name, address, telephone number or electronic mail address of any owner to any other owner or authorized agent of an owner unless the owner whose name, address, phone number or electronic mail address is requested first approves the disclosure in writing.
A.R.S. § 33-1808 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1808
33-1808 Flag display; political signs; caution signs; for sale, rent or lease signs; political and community activities; definitions
Status: in_force

33-1808. Flag display; political signs; caution signs; for sale, rent or lease signs; political and community activities; definitions

A. Notwithstanding any provision in the community documents, an association shall not prohibit the outdoor front yard or backyard display of any of the following:

1. The American flag or an official or replica of a flag of the uniformed services of the United States by an association member on that member's property if the American flag or a uniformed services flag is displayed in a manner consistent with the federal flag code (P.L. 94-344; 90 Stat. 810; 4 United States Code sections 4 through 10).

2. The POW/MIA flag.

3. The Arizona state flag.

4. An Arizona Indian nations flag.

5. The Gadsden flag.

6. A first responder flag.  A first responder flag may incorporate the design of one or two other first responder flags to form a combined flag.

7. A blue star service flag or a gold star service flag.

8. Any historic version of the American flag, including the Betsy Ross flag, without regard to how the stars and stripes are arranged on the flag.

B. The association shall adopt reasonable rules and regulations regarding the placement and manner of display of the flags prescribed by subsection A of this section. The association rules:

1. May regulate the location and size of flagpoles.

2. May limit the member to two wall-mounted flagpole holders.

3. May limit the member to displaying not more than two flags at once.

4. May limit the height of the flagpole to not more than the height of the rooftop of the member's home.

5. Shall not prohibit installing a flagpole in the front yard or backyard of the member's property.

C. Notwithstanding any provision in the community documents, an association shall not prohibit the indoor or outdoor display of a political sign by an association member on that member's property, except that an association may prohibit the display of political signs as follows:

1. Earlier than seventy-one days before the day of a primary election.

2. Later than fifteen days after the day of the general election.

3. For a sign for a candidate in a primary election who does not advance to the general election, later than fifteen days after the primary election.

D. An association may regulate the size and number of political signs that may be placed on a member's property if the association's regulation is not more restrictive than any applicable city, town or county ordinance that regulates the size and number of political signs on residential property. If the city, town or county in which the property is located does not regulate the size and number of political signs on residential property, the association shall not limit the number of political signs, except that the maximum aggregate total dimensions of all political signs on a member's property shall not exceed nine square feet.

E. Notwithstanding any provision in the community documents, an association shall not prohibit using cautionary signs regarding children if the signs are used and displayed as follows:

1. The signs are displayed in residential areas only.

2. The signs are removed within one hour of children ceasing to play.

3. The signs are displayed only when children are actually present within fifty feet of the sign.

4. The temporary signs are not taller than three feet in height.

5. The signs are professionally manufactured or produced.

F. Notwithstanding any provision in the community documents, an association shall not prohibit children who reside in the planned community from engaging in recreational activity on residential roadways that are under the jurisdiction of the association and on which the posted speed limit is twenty-five miles per hour or less.

G. Notwithstanding any provision in the community documents, an association shall not prohibit or charge a fee for the use of, the placement of or the indoor or outdoor display of a for sale, for rent or for lease sign and a sign rider by an association member on that member's property in any combination, including a sign that indicates the member is offering the property for sale by owner. The size of a sign offering a property for sale, for rent or for lease shall be in conformance with the industry standard size sign, which shall not exceed eighteen by twenty-four inches, and the industry standard size sign rider, which shall not exceed six by twenty-four inches. This subsection applies only to a commercially produced sign, and an association may prohibit using signs that are not commercially produced.  With respect to real estate for sale, for rent or for lease in the planned community, an association shall not prohibit in any way other than as is specifically authorized by this section or otherwise regulate any of the following:

1. Temporary open house signs or a member's for sale sign. The association shall not require the use of particular signs indicating an open house or real property for sale and may not further regulate the use of temporary open house or for sale signs that are industry standard size and that are owned or used by the seller or the seller's agent.

2. Open house hours.  The association may not limit the hours for an open house for real estate that is for sale in the planned community, except that the association may prohibit an open house being held before 8:00 a.m. or after 6:00 p.m. and may prohibit open house signs on the common areas of the planned community.

3. An owner's or an owner's agent's for rent or for lease sign unless an association's documents prohibit or restrict leasing of a member's property.  An association shall not further regulate a for rent or for lease sign or require the use of a particular for rent or for lease sign other than the for rent or for lease sign shall not be any larger than the industry standard size sign of eighteen by twenty-four inches on or in the member's property.  If rental or leasing of a member's property is not prohibited or restricted, the association may prohibit an open house for rental or leasing being held before 8:00 a.m. or after 6:00 p.m.

H. Notwithstanding any provision in the community documents, an association shall not prohibit door-to-door political activity, including solicitations of support or opposition regarding candidates or ballot issues, and shall not prohibit circulating political petitions, including candidate nomination petitions or petitions in support of or opposition to an initiative, referendum or recall or other political issue on property normally open to visitors within the association, except that an association may do the following:

1. Restrict or prohibit the door-to-door political activity from sunset to sunrise.

2. Require the prominent display of an identification tag for each person engaged in the activity, along with the prominent identification of the candidate or ballot issue that is the subject of the support or opposition.

3. Prohibit a person who is not accompanied by a member or resident of the planned community from entering the planned community if the planned community restricts vehicular or pedestrian access.

I. A planned community shall not make any regulations regarding the number of candidates supported, the number of public officers supported or opposed in a recall or the number of propositions supported or opposed on a political sign.

J. A planned community shall not require political signs to be commercially produced or professionally manufactured or prohibit the utilization of both sides of a political sign.

K. Notwithstanding any provision in the community documents, an association may not prohibit or unreasonably restrict the indoor or outdoor display of an association-specific political sign by a member by placement of a sign on that member's property.  An association may adopt reasonable rules regarding the placement, location and manner of display of association-specific political signs, except an association shall not do any of the following:

1. Prohibit the display of association-specific political signs between the date that the association provides written or absentee ballots to members and three days after the planned community election.

2. Limit the number of association-specific political signs, except that the association may limit the aggregate total dimensions of all association-specific political signs on a member's property to not more than nine square feet.

3. Require association-specific political signs to be commercially produced or professionally manufactured or prohibit using both sides of the sign.

4. Regulate the number of candidates supported or opposed, the number of board members supported or opposed in a recall or the number of ballot measures supported or opposed on an association-specific political sign.

5. Make any other regulations regarding the content of an association-specific political sign except that the association may prohibit using profanity and discriminatory text, images or content based on race, color, religion, sex, familial status or national origin as prescribed by federal or state fair housing laws.

L. Notwithstanding any provision in the community documents, an association may not prohibit or unreasonably restrict a member's ability to peacefully assemble and use common areas of the planned community if done in compliance with reasonable restrictions for the use of that property adopted by the board of directors.  An individual member or group of members may assemble to discuss matters related to the planned community, including board elections or recalls, potential or actual ballot issues or revisions to the community documents, property maintenance or safety issues or any other planned community matters. A member may invite one political candidate or one non-member guest to speak to an assembly of members about matters related to the community.  The association shall not prohibit a member from posting notices regarding those assemblies of members on bulletin boards located on the common areas or within common area facilities.  An assembly of members prescribed by this subsection does not constitute an official members' meeting unless the meeting is noticed and convened as prescribed in the community documents and this chapter.

M. An association or managing agent that violates subsection G of this section forfeits and extinguishes the lien rights authorized under section 33-1807 against that member's property for a period of six consecutive months after the date of the violation.

N. For the purposes of this section:

1. "Association-specific political sign" means a sign that supports or opposes a candidate for the board of directors, the recall of a board member or a planned community ballot measure that requires a vote of the association members.

2. "Betsy Ross flag" means a historic flag of the United States that consists of thirteen stripes alternating between red and white stripes and thirteen five-pointed white stars arranged in a circle against a blue background.

3. "First responder flag" means a flag that recognizes and honors the services of any of the following:

(a) Law enforcement and that is limited to the colors blue, black and white, the words "law enforcement", "police", "officers", "first responder", "honor our", "support our" and "department" and the symbol of a generic police shield in a crest or star shape.

(b) Fire departments and that is limited to the colors red, gold, black and white, the words "fire", "fighters", "F", "D", "FD", "first responder", "department", "honor our" and "support our" and the symbol of a generic Maltese Cross.

(c) Paramedics or emergency medical technicians and that is limited to the colors blue, black and white, the words "first responder", "paramedic", "emergency medical", "service", "technician", "honor our" and "support our" and the symbol of a generic star of life.

4. "Political sign" means a sign or flag that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer.
A.R.S. § 33-1060 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1060
33-1060 Pro rata distribution of monies
Status: in_force

33-1060. Pro rata distribution of monies

If monies withheld or required to be withheld pursuant to any stop notice or bonded stop notice are insufficient to pay in full the valid claims of all persons who made claims, the monies withheld or required to be withheld shall be distributed among those persons in the same ratio that their respective claims bear to the aggregate of all such valid claims. This pro rata distribution shall be made among the persons entitled to a share without regard to the order of time in which their respective notices were given or their respective actions, if any, were filed.
A.R.S. § 33-1031 — Arizona Code / Title 33 / Chapter 7 / Article 8 / Section 1031
33-1031 Applicability
Status: in_force

33-1031. Applicability

This article applies only to federal tax liens and to other federal liens, notices of which under any act of Congress or any regulation adopted pursuant to an act of Congress are required or permitted to be filed or recorded in the same manner as notices of federal tax liens.
A.R.S. § 33-1124 — Arizona Code / Title 33 / Chapter 8 / Article 2 / Section 1124
33-1124 Food, fuel and provisions
Status: in_force

33-1124. Food, fuel and provisions

All food, fuel and provisions actually provided for the debtor's individual or family use for six months are exempt from process.
A.R.S. § 33-457 — Arizona Code / Title 33 / Chapter 4 / Article 4 / Section 457
33-457 Fraudulent representation by married person of ability to convey realty; classification
Status: in_force

33-457. Fraudulent representation by married person of ability to convey realty; classification

A married person who falsely and fraudulently represents himself or herself as competent to sell or mortgage real estate, when the validity of the sale or mortgage requires the assent or concurrence of the wife or husband, and, under such representations, knowingly conveys or mortgages the real estate, is guilty of a class 5 felony.
A.R.S. § 33-437 — Arizona Code / Title 33 / Chapter 4 / Article 3 / Section 437
33-437 Defective conveyance as contract to convey
Status: in_force

33-437. Defective conveyance as contract to convey

When an instrument in writing, intended as a conveyance of real property or some interest therein, fails wholly or in part to take effect as a conveyance by virtue of the provisions of this chapter, it is valid nevertheless and effectual as a contract upon which a conveyance may be enforced, as far as rules of law permit.
A.R.S. § 33-1304 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1304
33-1304 Applicability of chapter
Status: in_force

33-1304. Applicability of chapter

This chapter shall apply to the rental of dwelling units. Any conflict between the provisions of chapter 3 and chapter 7 of this title with the provisions of this chapter shall be governed by the provisions of this chapter.
A.R.S. § 33-1008 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 1008
33-1008 Waiver of lien
Status: in_force

33-1008. Waiver of lien

A. An owner or contractor by any term of their contract, or otherwise, may not waive or impair the claims or liens of other persons whether with or without notice except by their written consent or as prescribed by section 33-1003. Any term of the contract to that effect shall be void. Any written consent given by any claimant pursuant to this section is unenforceable unless the claimant executes and delivers a waiver and release. This waiver and release is effective to release the property for the benefit of the owner, the construction lender, the contractor and the surety on a payment bond from claims and liens only if the waiver and release follows substantially one of the forms set forth in this section and is signed by the claimant or his authorized agent, and, in the case of a conditional release, if there is evidence of payment to the claimant. Evidence of payment may be by the claimant's endorsement on a single or joint payee check that has been paid by the bank on which it was drawn or by written acknowledgment of payment given by the claimant.

B. No oral or written statement purporting to waive, release or otherwise adversely affect a claim is enforceable or creates any estoppel or impairment of a claim unless it is pursuant to a waiver and release prescribed by this section or the claimant had actually received payment in full for the claim.

C. This section does not affect the enforceability of either an accord and satisfaction regarding a bona fide dispute or any agreement made in settlement of an action pending in any court provided the accord and satisfaction or agreement and settlement make specific reference to the mechanic's lien or bond claims.

D. The waiver and release given by any claimant is unenforceable unless it follows substantially the following forms in the following circumstances:

1. Where the claimant is required to execute a waiver and release in exchange for or in order to induce the payment of a progress payment and the claimant is not in fact paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release shall follow substantially the following form:

Conditional waiver and release on progress payment

Project: ______________________

Job No.: ______________________

On receipt by the undersigned of a check from _________________

(maker of check)

in the sum of $______________ payable to _______________________

(amount of check)    (payee or payees of check)

and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien, any state or federal statutory bond right, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned's position that the undersigned has on the job of ______________________________________________________________

(owner)

located at __________________________________ to the following

(job description)

extent. This release covers a progress payment for all labor, services, equipment or materials furnished to the jobsite or to ______________________________________________________________,

(person with whom undersigned contracted)

through _______________ only and does not cover any retention,

(date)

pending modifications and changes or items furnished after that date. Before any recipient of this document relies on it, that person should verify evidence of payment to the undersigned.

The undersigned warrants that he either has already paid or will use the monies he receives from this progress payment to promptly pay in full all of his laborers, subcontractors, materialmen and suppliers for all work, materials, equipment or services provided for or to the above referenced project up to the date of this waiver.

Date: ____________________   _________________________________

(Company name)

By: ____________________________

(Signature)

_________________________________

(Title)

2. Where the claimant is required to execute a waiver and release in exchange for or in order to induce the payment of a progress payment and the claimant asserts in the waiver that it has been paid the progress payment, the waiver and release shall follow substantially the following form:

Unconditional waiver and release on progress payment

Project: _________________

Job No.: _________________

The undersigned has been paid and has received a progress payment in the sum of $_____________ for all labor, services, equipment or material furnished to the jobsite or to ______________________________________________________________

(person with whom undersigned contracted)

on the job of ________________________________________________

(owner)

located at ___________________________________________________

(job description)

and does hereby release any mechanic's lien, any state or federal statutory bond right, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned's position that the undersigned has on the above referenced project to the following extent. This release covers a progress payment for all labor, services, equipment or materials furnished to the jobsite or to _______________________________________________________________

(person with whom undersigned contracted)

through ________________ only and does not cover any retention,

(date)

pending modifications and changes or items furnished after that date.

The undersigned warrants that he either has already paid or will use the monies he receives from this progress payment to promptly pay in full all of his laborers, subcontractors, materialmen and suppliers for all work, materials, equipment or services provided for or to the above referenced project up to the date of this waiver.

Dated: ____________________   ________________________________

(Company name)

By: ____________________________

(Signature)

________________________________

(Title)

(Each unconditional waiver shall contain the following language, in type at least as large as the largest type otherwise on the document:)

Notice: This document waives rights unconditionally and states that you have been paid for giving up those rights. This document is enforceable against you if you sign it, even if you have not been paid. If you have not been paid, use a conditional release form.

3. Where the claimant is required to execute a waiver and release in exchange for or in order to induce payment of a final payment and the claimant is not paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release shall follow substantially the following form:

Conditional waiver and release on final payment

Project: _______________

Job No.: _______________

On receipt by the undersigned of a check from ________________

(maker of check)

in the sum of $_________________ payable to ____________________

(amount of check)   (payee or payees of check)

and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien, any state or federal statutory bond right, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned's position, the undersigned has on the job of ___________________ located at ______________________________.

(owner)             (job description)

This release covers the final payment to the undersigned for all labor, services, equipment or materials furnished to the jobsite or to _________________________________________________________,

(person with whom undersigned contracted)

except for disputed claims in the amount of $__________. Before any recipient of this document relies on it, the person should verify evidence of payment to the undersigned.

The undersigned warrants that he either has already paid or will use the monies he receives from this final payment to promptly pay in full all his laborers, subcontractors, materialmen and suppliers for all work, materials, equipment or services provided for or to the above referenced project up to the date of this waiver.

Dated: ____________________   _________________________________

(Company name)

By: _____________________________

(Signature)

_________________________________

(Title)

4. Where the claimant is required to execute a waiver and release in exchange for or in order to induce payment of a final payment and the claimant asserts in the waiver that it has been paid the final payment, the waiver and release shall follow substantially the following form:

Unconditional waiver and release on final payment

Project: _______________

Job No.: _______________

The undersigned has been paid in full for all labor, services, equipment or material furnished to the jobsite or to _______________________________________________________________,

(person with whom undersigned contracted)

on the job of _____________ located at _______________________

(owner)         (job description)

and does hereby waive and release any right to mechanic's lien, any state or federal statutory bond right, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned's position, except for disputed claims for extra work in the amount of $ ___________.

The undersigned warrants that he either has already paid or will use the monies he receives from this final payment to promptly pay in full all of his laborers, subcontractors, materialmen and suppliers for all work, materials, equipment or services provided for or to the above referenced project.

Dated: ____________________   _________________________________

(Company name)

By: ____________________________

(Signature)

_________________________________

(Title)

(Each unconditional waiver shall contain the following language in type at least as large as the largest type otherwise on the document:)

Notice:

This document waives rights unconditionally and states that you have been paid for giving up those rights. This document is enforceable against you if you sign it, even if you have not been paid. If you have not been paid, use a conditional release form.
A.R.S. § 33-201 — Arizona Code / Title 33 / Chapter 2 / Article 1 / Section 201
33-201 Duration of interest; fee tail prohibited
Status: in_force

33-201. Duration of interest; fee tail prohibited

A. Estates in lands, as respects the extent of the interest of the holder, are divided into:

1. Estates of inheritance. An estate of inheritance shall be termed a fee simple or fee, and when not defeasible or conditional shall be a fee simple absolute.

2. Estates for life.

3. Estates for years.

4. Estates at will.

5. Estates by sufferance.

B. No lands of this state shall be held as an estate in fee tail.
A.R.S. § 33-362 — Arizona Code / Title 33 / Chapter 3 / Article 4 / Section 362
33-362 Landlord's lien for rent
Status: in_force

33-362. Landlord's lien for rent

A. The landlord shall have a lien on all property of his tenant not exempt by law, placed upon or used on the leased premises, until the rent is paid. The lien shall not secure the payment of rent accruing after the death or bankruptcy of the lessee, or after an assignment for the benefit of the lessee's creditors.

B. The landlord may seize for rent any personal property of his tenant found on the premises, but the property of any other person, although found on the premises, shall not be liable therefor. If the tenant fails to allow the landlord to take possession of such property, the landlord may reduce the property to possession by an action to recover possession, and may hold or sell the property for the payment of the rent.

C. The landlord shall have a lien for rent upon crops grown or growing upon the leased premises, whether the rent is payable in money, articles of property or products of the premises, and also for the faithful performance of the terms of the lease, and the lien shall continue for a period of six months after expiration of the term of the lease.

D. When premises are sublet, or when the lease is assigned, the landlord shall have the same lien against the sublessee or assignee as he has against the tenant and may enforce the lien in like manner.
A.R.S. § 33-2150 — Arizona Code / Title 33 / Chapter 19 / Article 4 / Section 2150
33-2150 Relocations due to change in age-restricted community use; payment from mobile home relocation fund; applicability
Status: in_force

33-2150. Relocations due to change in age-restricted community use; payment from mobile home relocation fund; applicability

For recreational vehicles that are park trailers or park models only:

1. The landlord shall notify the director and all tenants in writing of a change in use at least sixty days before a change in the age-restricted community to an all-age community use as defined by the housing for older persons act of 1995.

2. A tenant is eligible for payment from the mobile home relocation fund if both of the following conditions are met:

(a) The tenant resides in a park trailer or park model that is owned by the tenant and that is located in an age-restricted park.

(b) The landlord implements a change from an age-restricted community to an all-age community as defined by the housing for older persons act of 1995.

3. A landlord who changes a park designation from an age-restricted community shall give written notice of the applicability of this section to all affected tenants.

4. A tenant is eligible to receive relocation expenses pursuant to paragraph 2 of this section as follows:

(a) Within one hundred eighty days after the effective date of notification of the change in the age-restricted community's use, the tenant shall submit a contract for relocation of the park trailer or park model to the director for approval and to the landlord.

(b) After notice of approval by the director for the payment of relocation expenses, the tenant shall have a fully signed contract with a licensed installer or contractor to move the park trailer or park model to a specific location by a specific date and must have moved the park trailer or park model pursuant to that contract within forty-five days after notice from the director.

(c) The director shall approve or disapprove the contract submitted within fifteen days after receipt of the contract, and the contract is deemed to be approved on the sixteenth day if the director takes no action.

(d) If the contract is approved, the payment of relocation expenses shall be made to the installer or contractor when both of the following have been completed:

(i) The installer or contractor has obtained valid permits to move the park trailer or park model to a new location.

(ii) The installer or contractor provides documentation to the department that the installation of the park trailer or park model at the new location is complete and has been inspected by the department or its designee and is approved for occupancy.

(e) If the contract is not approved, the tenant may appeal to an administrative law judge pursuant to title 41, chapter 37, article 5. The tenant shall provide notice pursuant to section 33-2105, subsection I, if the tenant relocates.

(f) On approval, the tenant is eligible for the lesser of the actual moving expenses of relocating the park trailer or park model or four thousand dollars. Compensable moving expenses include the cost of stabilizing, taking down, moving and setting up the park trailer or park model in the new location if the park trailer or park model is relocated to another age-restricted community within this state.

5. The landlord shall not be responsible for making any payment into the mobile home relocation fund for any park trailer or park model moved pursuant to this section.
A.R.S. § 33-988 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 988
33-988 Lien for labor or materials furnished railroad
Status: in_force

33-988. Lien for labor or materials furnished railroad

A person who labors or furnishes labor, teams, materials, machinery, fixtures or tools in the construction, repair or operation of a railroad, locomotive, car or other equipment, and to whom money or wages are due or owing therefor, and any person who furnishes provisions or supplies of any kind in the construction or repair of a railroad or to a contractor or subcontractor engaged in such construction or repair, for the housing, maintenance or subsistence of humans or animals employed or used in such construction or repair, and to whom any amount is due or owing therefor, shall have a lien upon the railroad and its equipment for the amounts unpaid.
A.R.S. § 33-535 — Arizona Code / Title 33 / Chapter 4 / Article 7 / Section 535
33-535 Requirements and limitations of amendment
Status: in_force

33-535. Requirements and limitations of amendment

A. An amendment by an owner under section 33-533 must identify the owner, the real property affected and the document containing the unlawful restriction. An amendment by an association of owners under section 33-534 must identify only the document containing the unlawful restriction. The amendment must include a conspicuous statement in substantially the following form:

This amendment removes from this deed or other document affecting title to real property an unlawful restriction as defined in section 33-532, Arizona Revised Statutes. This amendment does not affect the validity or enforceability of a restriction that is not an unlawful restriction.

B. The amendment must be executed and acknowledged in the manner required for recordation of a document in the land records. The amendment must be recorded in the land records of each county in which the document containing the unlawful restriction is recorded.

C. The amendment does not affect the validity or enforceability of any restriction that is not an unlawful restriction.

D. The amendment or a future conveyance of the affected real property is not a republication of a restriction that otherwise would expire by passage of time under any other law.
A.R.S. § 33-1371 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1371
33-1371 Acceptance of partial payments; waiver of right to terminate; exception
Status: in_force

33-1371. Acceptance of partial payments; waiver of right to terminate; exception

A. A landlord is not required to accept a partial payment of rent or other charges. A landlord accepting a partial payment of rent or other charges retains the right to proceed against a tenant only if the tenant agrees in a contemporaneous writing to the terms and conditions of the partial payment with regard to continuation of the tenancy. The written agreement shall contain a date on which the balance of the rent is due. The landlord may proceed as provided in this article and in title 12, chapter 8 against a tenant in breach of this agreement or any other breach of the original rental agreement. If the landlord has provided the tenant with a notice of failure to pay rent as specified in section 33-1368, subsection B before the completion of the agreement for partial payment, no additional notice under section 33-1368, subsection B is required in case of a breach of the partial payment agreement.

B. For the purposes of this section, a landlord's acceptance of a housing assistance payment does not constitute an acceptance of a partial payment of rent or a waiver of a landlord's right to terminate the rental agreement for any breach by the tenant.

C. Except as specified in subsections A and B of this section, acceptance of rent, or any portion of rent, with knowledge of a default by the tenant or acceptance of performance by the tenant that varied from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord constitutes a waiver of the right to terminate the rental agreement for that breach.
A.R.S. § 33-744 — Arizona Code / Title 33 / Chapter 6 / Article 3 / Section 744
33-744 Completion of forfeiture by judicial process
Status: in_force

33-744. Completion of forfeiture by judicial process

At any time after expiration of the period provided for in the notice of election to forfeit, the seller may complete the forfeiture of the interest of the purchaser and persons having an interest in or a lien or encumbrance on the property, the priority of which is subordinate to that of the seller, by filing an action in the superior court in the county in which the real property is located to declare that the interest of the persons has been forfeited and to quiet title to the property in the seller. In the action, the seller shall name as defendants the purchaser and each person who, at the expiration of the period provided for in the notice of election to forfeit, had an interest in or a lien or encumbrance on the property, the priority of which was subordinate to that of the seller.
A.R.S. § 33-747 — Arizona Code / Title 33 / Chapter 6 / Article 3 / Section 747
33-747 Appointment of successor account servicing agent
Status: in_force

33-747. Appointment of successor account servicing agent

A. If a person appointed as account servicing agent fails to qualify or is unwilling or unable to serve, the seller may appoint a successor account servicing agent, and the appointment constitutes a substitution of account servicing agent.

B. The seller may at any time remove an account servicing agent for any reason and appoint a successor account servicing agent, and the appointment constitutes a substitution of account servicing agent.

C. A substitution of an account servicing agent shall be made by written notice, personally delivered or mailed in the United States mail, first class, postage prepaid, to the purchaser, the account servicing agent and the successor account servicing agent and by recording a copy of the notice with the county recorder of the county in which the real property is located.

D. A notice of substitution of account servicing agent shall be substantially in the following form:

"Notice of Substitution of Account Servicing Agent

The undersigned seller hereby appoints:

_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ successor account servicing agent under that certain contract, by and between _______________, as seller, and _______________, as purchaser, dated _______________, 19____, and recorded (if recorded) on _______________, 19____, in docket __________, at page __________, records of _______________ county, Arizona, covering real property described as follows:

and including personal property described as follows:

Dated this _______________ day of _______________, 19____.

______________________________________

signature of seller

(acknowledgment)"
A.R.S. § 33-132 — Arizona Code / Title 33 / Chapter 1 / Article 3 / Section 132
33-132 Coordinates of system; zone definitions
Status: in_force

33-132. Coordinates of system; zone definitions

A. The plane coordinates of a point on the earth's surface, to be used in the position or location of such point in the appropriate zone of the system, shall consist of two distances, expressed in feet and decimals of a foot (foot value 0.3048 meter exact). One of these distances, to be known as the "X-coordinate", shall give the position in an east-and-west direction, and the other, to be known as the "Y-coordinate", shall give the position in a north-and-south direction. These coordinates shall depend on and conform to the coordinates on the Arizona coordinate system, 1983, of the horizontal control stations of the national geodetic survey in this state, as these coordinates have been determined by the survey.

B. For the purpose of more precisely defining the Arizona coordinate system, the following definitions of the national geodetic survey are adopted:

1. The Arizona coordinate system, 1983, west zone, is a transverse mercator projection of the North American datum, 1983, having a central meridian 113 o 45' 00" west of Greenwich, on which meridian the scale is set one part in fifteen thousand too small. The origin of the coordinates is at the intersection of the meridian 113 o 45' 00" west of Greenwich and the parallel of 31 o 00' 00" north latitude. This origin is given the coordinates of "X" equals seven hundred thousand feet and "Y" equals zero feet.

2. The Arizona coordinate system, 1983, central zone, is a transverse mercator projection of the North American datum, 1983, having a central meridian 111 o 55' 00" west of Greenwich, on which meridian the scale is set at one part in ten thousand too small. The origin of the coordinates is at the intersection of the meridian 111 o 55' 00" west of Greenwich and the parallel of 31 o 00' 00" north latitude. This origin is given the coordinates of "X" equals seven hundred thousand feet and "Y" equals zero feet.

3. The Arizona coordinate system, 1983, east zone, is a transverse mercator projection of the North American datum, 1983, having a central meridian 110 o 10' 00" west of Greenwich, on which meridian the scale is set at one part in ten thousand too small. The origin of coordinates is at the intersection of the meridian 110 o 10' 00" west of Greenwich and the parallel of 31 o 00' 00" north latitude. The origin is given the coordinates of "X" equals seven hundred thousand feet and "Y" equals zero feet.
A.R.S. § 33-420 — Arizona Code / Title 33 / Chapter 4 / Article 2 / Section 420
33-420 False documents; liability; special action; damages; violation; classification
Status: in_force

33-420. False documents; liability; special action; damages; violation; classification

A. A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded in the office of the county recorder, knowing or having reason to know that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid is liable to the owner or beneficial title holder of the real property for the sum of not less than five thousand dollars, or for treble the actual damages caused by the recording, whichever is greater, and reasonable attorney fees and costs of the action.

B. The owner or beneficial title holder of the real property may bring an action pursuant to this section in the superior court in the county in which the real property is located for such relief as is required to immediately clear title to the real property as provided for in the rules of procedure for special actions. This special action may be brought based on the ground that the lien is forged, groundless, contains a material misstatement or false claim or is otherwise invalid. The owner or beneficial title holder may bring a separate special action to clear title to the real property or join such action with an action for damages as described in this section. In either case, the owner or beneficial title holder may recover reasonable attorney fees and costs of the action if he prevails.

C. A person who is named in a document which purports to create an interest in, or a lien or encumbrance against, real property and who knows that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid shall be liable to the owner or title holder for the sum of not less than one thousand dollars, or for treble actual damages, whichever is greater, and reasonable attorney fees and costs as provided in this section, if he wilfully refuses to release or correct such document of record within twenty days from the date of a written request from the owner or beneficial title holder of the real property.

D. A document purporting to create an interest in, or a lien or encumbrance against, real property not authorized by statute, judgment or other specific legal authority is presumed to be groundless and invalid.

E. A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded in the office of the county recorder, knowing or having reason to know that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid is guilty of a class 1 misdemeanor.
A.R.S. § 33-1131 — Arizona Code / Title 33 / Chapter 8 / Article 2 / Section 1131
33-1131 Definition; wages; salary; compensation
Status: in_force

33-1131. Definition; wages; salary; compensation

(Caution:  1998 Prop. 105 applies)

A. For the purposes of this section, "disposable earnings" means that remaining portion of a debtor's wages, salary or compensation for his personal services, including bonuses and commissions, or otherwise, and includes payments pursuant to a pension or retirement program or deferred compensation plan, after deducting from such earnings those amounts required by law to be withheld.

B. Except as provided in subsection C, the maximum part of the disposable earnings of a debtor for any workweek that is subject to process may not exceed ten percent of disposable earnings for that week or the amount by which disposable earnings for that week exceed sixty times the applicable minimum hourly wage in effect at the time the earnings are payable, whichever is less. The applicable minimum hourly wage is the minimum wage required by federal, state or local law, whichever is highest.

C. The exemptions provided in subsection B do not apply in the case of any order for the support of any person. In such case, one-half of the disposable earnings of a debtor for any pay period is exempt from process.

D. The exemptions provided in this section do not apply in the case of any order of any court of bankruptcy under chapter XIII of the federal bankruptcy act or any debt due for any state or federal tax.