A.R.S. § 33-204 — Arizona Code / Title 33 / Chapter 2 / Article 1 / Section 204
33-204 Estates in expectancy; reversions; future estates; remainders
Status: in_force

33-204. Estates in expectancy; reversions; future estates; remainders

A. Estates in expectancy are divided into:

1. Reversions. A reversion is the residue of an estate left in a grantor or his heirs, or in the heirs of a testator, commencing in possession upon the determination of a particular estate granted or devised.

2. Future estates. A future estate is an estate limited to commence in possession at a future time, either without the intervention of a precedent estate or upon the determination, by lapse of time or otherwise, of a precedent estate created at the same time. A future estate dependent upon a precedent estate is a remainder.
A.R.S. § 33-2401 — Arizona Code / Title 33 / Chapter 22 / Article 1 / Section 2401
33-2401 Access to private property
Status: in_force

33-2401. Access to private property

A. Notwithstanding any other law, reasonable access to private property shall not be denied by this state or any political subdivision of this state.

B. If an owner's private property is surrounded by land owned by this state or any political subdivision of this state, the owner of the private property may request a nonexclusive right-of-way for a term of at least thirty years from this state or any political subdivision of this state to legally access the owner's private property at the owner's discretion.

C. This state or any political subdivision of this state shall grant a nonexclusive right-of-way for a term of at least thirty years to the owner of private property if the grant of the right-of-way is for the purpose of providing legal access to the owner's private property to which access across land owned by this state or any political subdivision of this state is necessary because land owned by this state or any political subdivision of this state surrounds the private property.

D. Following reasonable consultation with the owner of the private property, this state or any political subdivision of this state shall determine the appropriate location and width of the right-of-way to be granted and may relocate the right-of-way after the grant at the discretion of this state or the political subdivision of this state.

E. If the right-of-way has been in use by the private property owner and new road construction is not necessary to provide legal access to the private property, this state is not required to comply with sections 41-861, 41-862 and 41-864.

F. A right-of-way granted pursuant to this section shall be granted according to the constitution and laws of this state and the rules adopted by a state agency, as applicable.
A.R.S. § 33-934 — Arizona Code / Title 33 / Chapter 7 / Article 3 / Section 934
33-934 Release of claim by injured person ineffective as to lienholder; action to enforce lien
Status: in_force

33-934. Release of claim by injured person ineffective as to lienholder; action to enforce lien

A. A release of claims on which a lien or assignment is given by section 33-931 or of any judgment on that claim is not valid or effectual against the lien or assignment unless the lienholder or assignee joins in the release or executes a release of the lien or assignment. If any amount has been or is to be collected by the injured person or that person's legal representative from or on account of the person, firm or corporation liable for damages by reason of a judgment, settlement or compromise, the claimant or assignee of the lien or assignment may enforce the lien or assignment by action against the person, firm or corporation that is liable for damages, or against any insurer or other person, firm or corporation that is responsible for paying all or part of the damages.

B. An action pursuant to this section shall be commenced and tried in the county in which the lien or assignment is filed, unless ordered by the court to be removed to another county for cause.  The court may allow reasonable attorney fees and disbursements to the prevailing party. The action shall be commenced within two years after the entry of the judgment or the making of the settlement or compromise.  In an action to enforce a lien or assignment, the lienholder or assignee may not recover more than the amount of the lien or assignment nor may it recover more against a defendant in the lien action than that defendant is obligated to pay under judgment or settlement.  The defendant in the lien or assignment action cannot raise as a defense in that action that it is not liable for the amount it is obligated to pay under the judgment or settlement except that it may dispute the amount of the lien on the grounds that the charges giving rise to the lien are erroneous or exceed the customary charges, or that the care, treatment or transportation giving rise to the charges was not medically necessary or causally related to the event giving rise to the claim to which the lien or assignment extends.

C. This section does not create any rights or causes of action on behalf of the lienholder other than are provided for in this section.
A.R.S. § 33-711 — Arizona Code / Title 33 / Chapter 6 / Article 1 / Section 711
33-711 Release by heir or legatee
Status: in_force

33-711. Release by heir or legatee

An heir or legatee of a deceased person, residing within or without the state, upon recording in the office of the county recorder sufficient proof of his ownership of a mortgage or deed of trust may, in the same manner as a personal representative of a deceased mortgagee or owner of the indebtedness secured by a mortgage or deed of trust, release such instruments by recording a release of mortgage or deed of trust.
A.R.S. § 33-1207 — Arizona Code / Title 33 / Chapter 9 / Article 1 / Section 1207
33-1207 Severability
Status: in_force

33-1207. Severability

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable.
A.R.S. § 33-1812 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1812
33-1812 Proxies; absentee ballots; definition
Status: in_force

33-1812. Proxies; absentee ballots; definition

A. Notwithstanding any provision in the community documents, after termination of the period of declarant control, votes allocated to a unit may not be cast pursuant to a proxy.  The association shall provide for votes to be cast in person and by absentee ballot and, in addition, the association may provide for voting by some other form of delivery, including the use of e-mail and fax delivery.  Notwithstanding section 10-3708 or the provisions of the community documents, any action taken at an annual, regular or special meeting of the members shall comply with all of the following if absentee ballots or ballots provided by some other form of delivery are used:

1. The ballot shall set forth each proposed action.

2. The ballot shall provide an opportunity to vote for or against each proposed action.

3. The ballot is valid for only one specified election or meeting of the members and expires automatically after the completion of the election or meeting.

4. The ballot specifies the time and date by which the ballot must be delivered to the board of directors in order to be counted, which shall be at least seven days after the date that the board delivers the unvoted ballot to the member.

5. The ballot does not authorize another person to cast votes on behalf of the member.

6. The completed ballot shall contain the name, address and signature of the person voting, except that if the community documents permit secret ballots, only the envelope shall contain the name, address and signature of the voter.

7. Ballots, envelopes and related materials, including sign-in sheets if used, shall be retained in electronic or paper format and made available for member inspection for at least one year after completion of the election.

B. Votes cast by absentee ballot or other form of delivery, including the use of e-mail and fax delivery, are valid for the purpose of establishing a quorum.

C. Notwithstanding subsection A of this section, an association for a timeshare plan as defined in section 32-2197 may permit votes by a proxy that is duly executed by a unit owner.

D. For the purposes of this section, "period of declarant control" means the time during which the declarant or persons designated by the declarant may elect or appoint the members of the board of directors pursuant to the community documents or by virtue of superior voting power.
A.R.S. § 33-1820 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1820
33-1820 Declarant control
Status: in_force

33-1820. Declarant control

Notwithstanding any provision in the community documents:

1. Each declaration that provides for a period of declarant control of the association shall also provide for a date of or method for calculating the date of the termination of declarant control.

2. For every planned community, without regard to whether the community documents provide for the termination of declarant control, declarant control terminates not later than the date on which the second to last lot in the planned community is conveyed to a buyer.

3. After termination of the period of declarant control and while the declarant owns one or more lots in the planned community, the association shall:

(a) Provide at least the same level maintenance of common areas that the declarant provided.

(b) Not impede the declarant's ability to develop, construct and sell its lots and not impede access to and use of common areas by the declarant in the same manner as other members.
A.R.S. § 33-2207 — Arizona Code / Title 33 / Chapter 20 / Article 1 / Section 2207
33-2207 Foreclosure of assessment liens
Status: in_force

33-2207. Foreclosure of assessment liens

A. If an association, developer or other managing entity files an action to foreclose the assessment lien on timeshare interests, the association, developer or other managing entity may join in the same action multiple defendant obligors and junior interest holders of separate timeshare interests, on compliance with all of the following:

1. The foreclosure proceeding involves a single timeshare plan.

2. The foreclosure proceeding is filed by a single plaintiff.

3. The default and remedy provisions in the written instruments on which the foreclosure proceeding is based are substantially the same for each defendant.

4. The nature of the defaults alleged is the same for each defendant.

B. In any foreclosure proceeding involving multiple defendants filed pursuant to subsection A, the court shall sever for separate trial any count of the complaint in which a defense or counterclaim is timely raised by a defendant.
A.R.S. § 33-1365 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1365
33-1365 Landlord's noncompliance as defense to action for possession or rent; definition
Status: in_force

33-1365. Landlord's noncompliance as defense to action for possession or rent; definition

A. In an action for possession based upon nonpayment of the rent or in an action for rent where the tenant is in possession, if the landlord is not in compliance with the rental agreement or this chapter, the tenant may counterclaim for any amount which he may recover under the rental agreement or this chapter. In that event after notice and hearing the court from time to time may order the tenant to pay into court all or part of the undisputed rent accrued and all periodic rent thereafter accruing and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court and the balance, if any, by the other party. However, if no rent remains due after application of this section, or if the tenant is adjudged to have acted in good faith and satisfies a judgment for rent entered for the landlord, judgment shall be entered for the tenant in the action for possession.

B. In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection A but the tenant is not required to pay any rent into court.
A.R.S. § 33-1802 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1802
33-1802 Definitions
Status: in_force

33-1802. Definitions

In this chapter and in the community documents, unless the context otherwise requires:

1. "Association":

(a) Means a nonprofit corporation or unincorporated association of owners that is created pursuant to a declaration to own and operate portions of a planned community and that has the power under the declaration to assess association members to pay the costs and expenses incurred in the performance of the association's obligations under the declaration.

(b) Does not include a nonprofit corporation or unincorporated association of owners that is created or incorporated before January 1, 1974 and that does not have authority to enforce covenants, conditions or restrictions related to the use, occupancy or appearance of the separately owned lots, parcels or units in a real estate development, unless the nonprofit corporation or unincorporated association of owners elects to be subject to this chapter pursuant to section 33-1801, subsection D.

2. "Common expense lien" means the lien for assessments, charges for late payment of assessments if authorized in the declaration, reasonable collection fees and costs incurred or applied by the association and reasonable attorney fees and costs that are incurred with respect to those assessments, if the attorney fees and costs are awarded by a court.

3. "Community documents" means the declaration, bylaws, articles of incorporation, if any, and rules, if any.

4. "Declaration" means any instruments, however denominated, that establish a planned community and any amendment to those instruments.

5. "Member expenses":

(a) Means fees, charges, late charges and monetary penalties or interest.

(b) Does not include any amount that is included in a common expense lien.

6. "Planned community":

(a) Means a real estate development that includes real estate owned and operated by or real estate on which an easement to maintain roadways or a covenant to maintain roadways is held by a nonprofit corporation or unincorporated association of owners, that is created for the purpose of managing, maintaining or improving the property and in which the declaration expressly states both that the owners of separately owned lots, parcels or units are mandatory members and that the owners are required to pay assessments to the association for these purposes.

(b) Does not include any of the following:

(i) A timeshare plan or a timeshare association that is governed by chapter 20 of this title.

(ii) A condominium that is governed by chapter 9 of this title.

(iii) A real estate development that is not managed or maintained by an association.
A.R.S. § 33-1433 — Arizona Code / Title 33 / Chapter 11 / Article 2 / Section 1433
33-1433 Landlord to deliver possession of mobile home space
Status: in_force

33-1433. Landlord to deliver possession of mobile home space

At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and section 33-1434. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in section 33-1483.
A.R.S. § 33-341 — Arizona Code / Title 33 / Chapter 3 / Article 3 / Section 341
33-341 Termination of tenancies
Status: in_force

33-341. Termination of tenancies

A. A tenancy from year to year terminates at the end of each year unless written permission is given to remain for a longer period. The permission shall specify the time the tenant may remain, and upon termination of such time the tenancy expires.

B. A lease from month to month may be terminated by the landlord giving at least ten days notice thereof. In case of nonpayment of rent notice is not required.

C. A tenant from month to month shall give ten days notice, and a tenant on a semimonthly basis shall give five days notice, of his intention to terminate possession of the premises. Failure to give the notice renders the tenant liable for the rent for the ensuing ten days.

D. When a tenancy is for a certain period under verbal or written agreement, and the time expires, the tenant shall surrender possession. Notice to quit or demand of possession is not then necessary.

E. A tenant who holds possession of property against the will of the landlord, except as provided in this section, shall not be considered a tenant at sufferance or at will.
A.R.S. § 33-1125 — Arizona Code / Title 33 / Chapter 8 / Article 2 / Section 1125
33-1125 Personal items
Status: in_force

33-1125. Personal items

(Caution:  1998 Prop. 105 applies)

The following property of a debtor used primarily for personal, family or household purposes is exempt from process:

1. All wearing apparel of not more than a fair market value of five hundred dollars.

2. All musical instruments provided for the debtor's individual or family use of not more than an aggregate fair market value of four hundred dollars.

3. Horses, milk cows and poultry of not more than an aggregate fair market value of one thousand dollars.

4. All engagement and wedding rings of not more than an aggregate fair market value of two thousand dollars.

5. The library of a debtor, including books, manuals, published materials and personal documents of not more than an aggregate fair market value of two hundred fifty dollars.

6. One watch of not more than a fair market value of two hundred fifty dollars.

7. One typewriter, one computer, one bicycle, one sewing machine, a family bible or a lot in any burial ground of not more than an aggregate fair market value of two thousand dollars.

8. Equity in one motor vehicle of not more than $15,000. If the debtor or debtor's dependent has a physical disability, the equity in the motor vehicle shall not exceed $25,000. The exemption prescribed in this paragraph shall be adjusted annually beginning on January 1, 2024 and thereafter on January 1 of each successive year by the increase in the cost of living.  The increase in the cost of living shall be measured by the percentage increase as of August of the immediately preceding year over the level as of August of the previous year of the consumer price index (all urban consumers, United States city average for all items) or its successor index as published by the United States department of labor, bureau of labor statistics, or its successor agency, with the amount of the exemption rounded up to the nearest $100.

9. Professionally prescribed prostheses for the debtor or a dependent of the debtor, including a wheelchair or motorized mobility device.

10. All firearms of not more than an aggregate fair market value of two thousand dollars.

11. All domestic animals or household pets.
A.R.S. § 33-983 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 983
33-983 Lien for improvements to city lots or other land
Status: in_force

33-983. Lien for improvements to city lots or other land

A. A person who furnishes professional services or material or labors upon a lot in an incorporated city or town, or any parcel of land not exceeding one hundred sixty acres in the aggregate, or fills in or otherwise improves the lot or such parcel of land, or a street, alley or proposed street or alley, within, in front of or adjoining the lot or parcel of land at the instance of the owner of the lot or parcel of land, shall have a lien on the lot or parcel of contiguous land not exceeding one hundred sixty acres in the aggregate, and the buildings, structures and improvements on the lot for professional services or material furnished and labor performed.

B. Every contractor, subcontractor, architect, builder, subdivider or other person having charge or control of the improvement or work on any such lot or parcel of land, either wholly or in part, is the agent of the owner for the purposes of this section, and the owner shall be liable for the reasonable value of professional services, labor or material furnished at the instance of such agent, upon a lot or parcel of land as prescribed in this section, or any street, alley or proposed street or alley, within, in front of or adjoining such lot or parcel of land.
A.R.S. § 33-933 — Arizona Code / Title 33 / Chapter 7 / Article 3 / Section 933
33-933 Recording and indexing lien claim
Status: in_force

33-933. Recording and indexing lien claim

The recorder shall endorse upon a claim recorded as provided by section 33-932 the date and hour of reception, and such facts as are necessary to indicate that it has been recorded.
A.R.S. § 33-1475 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1475
33-1475 Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services
Status: in_force

33-1475. Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services

If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to two months' periodic rent and twice the actual damages sustained by him. If the rental agreement is terminated, the landlord shall return all deposits.
A.R.S. § 33-135 — Arizona Code / Title 33 / Chapter 1 / Article 3 / Section 135
33-135 Reliance of purchaser or mortgagee not required
Status: in_force

33-135. Reliance of purchaser or mortgagee not required

Nothing contained in this article requires any purchaser or mortgagee to rely on any land description, any part of which depends exclusively on the Arizona coordinate system, 1983.
A.R.S. § 33-381 — Arizona Code / Title 33 / Chapter 3 / Article 5 / Section 381
33-381 Limitation
Status: in_force

33-381. Limitation

This chapter shall apply to all landlord-tenant relationships except for landlord-tenant relationships arising out of the rental of dwelling units which shall be governed by chapter 10 or 11 of this title.
A.R.S. § 33-750 — Arizona Code / Title 33 / Chapter 6 / Article 3 / Section 750
33-750 Conveyance by seller; payment in full; payoff deed
Status: in_force

33-750. Conveyance by seller; payment in full; payoff deed

A. A seller who is entitled to payment and who receives full payment of all monies due under the contract shall deliver to the person who made full payment a payoff deed that conveys to the purchaser the real property described in the contract. The deed shall be entitled "payoff deed", shall state that it is being delivered to consummate a contract and shall include the docket and page number or recording number of the contract.

B. For a contract that provides for a purchase price obligation of one million dollars or less exclusive of interest, if a seller does not deliver a payoff deed pursuant to subsection A within sixty days of payment in full of all monies due under the contract, a title insurer as defined in section 20-1562 may prepare, execute and record a payoff deed. At least thirty days before issuing and recording a payoff deed pursuant to this subsection, the title insurer shall mail notice of its intention to record the payoff deed and a copy of the payoff deed by certified mail with postage prepaid and return receipt requested to all of the following:

1. The seller of record and the seller's respective successors in interest of record at their last known addresses shown of record.

2. The account servicing agent if known.

3. Any person who received payment in full of the monies due under the contract according to the records of the title insurer at the address shown in the title insurer's records.

C. The payoff deed prescribed by subsection B of this section shall set forth all of the following:

1. The name of the original seller and the seller's successors in interest of record.

2. The name of the original account servicing agent and the successors in interest of the account servicing agent if of record or if known to the title insurer.

3. The name of the original purchaser and any successors in interest of record of that purchaser.

4. The date of recording and docket and page number or recording number of the contract.

5. The date and amount of payment.

6. A statement that the title insurer has actual knowledge that the monies due under the contract have been paid in full.

D. The title insurer or a duly appointed attorney-in-fact of the title insurer shall execute the payoff deed. Any delegation pursuant to this subsection does not relieve the title insurer from any liability pursuant to this section.

E. A payoff deed issued pursuant to subsection B of this section is entitled to recordation and, when recorded, constitutes a payoff deed issued pursuant to subsection A of this section.

F. In addition to any other remedy provided by law, a title insurer preparing or recording the payoff deed pursuant to subsection B of this section is liable to any party for actual damage, including attorney fees, that any person may sustain by reason of the issuance and recording of the payoff deed.

G. The title insurer shall not record a payoff deed if the title insurer receives notice before the expiration of the thirty day period prescribed by subsection B of this section from the seller or account servicing agent that the monies due under the contract have not been paid in full.

H. The title insurer may charge a reasonable fee to the owner of the land or any other person who requests a payoff deed including a fee for performing a title search, document preparation and mailing services and in addition may collect recording or other official fees.
A.R.S. § 33-1437 — Arizona Code / Title 33 / Chapter 11 / Article 2 / Section 1437
33-1437 Education requirements for park managers; complaint; administrative hearing; civil penalty
Status: in_force

33-1437. Education requirements for park managers; complaint; administrative hearing; civil penalty

A. Within six months after employment as a park manager, a park manager shall complete at least six hours of educational programs and shall complete at least six additional hours of educational programs every two years.

B. A park manager shall post proof of completion of and compliance with the educational program requirements prescribed by this section in a conspicuous place at the mobile home park.

C. A tenant may file a complaint with the director if, on request from the tenant, the tenant’s park manager cannot produce proof of completion of the requirements prescribed in this section. The director shall issue a show cause order to the landlord directing the landlord to provide proof that the requirements of subsection A have been satisfied.  If the landlord fails to produce satisfactory evidence of compliance or fails to respond within thirty days after service by certified mail of the show cause order, the director shall impose a five hundred dollar civil penalty, with an additional five hundred dollar per month civil penalty to accrue each full calendar month beginning with the second month following service of the notice of imposition of civil penalty.  All civil penalties shall be exonerated if, within six months after service of the notice of imposition of civil penalty, the landlord furnishes satisfactory evidence of compliance.  Otherwise, the matter shall be referred to the attorney general for enforcement and collection of the civil penalties and a ten per cent surcharge on the total amount of the civil penalties collected.  All civil penalties shall be deposited in the state general fund and the ten per cent surcharge shall be deposited in the mobile home relocation fund.
A.R.S. § 33-1816 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1816
33-1816 Solar energy devices; reasonable restrictions; fees and costs
Status: in_force

33-1816. Solar energy devices; reasonable restrictions; fees and costs

A. Notwithstanding any provision in the community documents, an association shall not prohibit the installation or use of a solar energy device as defined in section 44-1761.

B. An association may adopt reasonable rules regarding the placement of a solar energy device if those rules do not prevent the installation, impair the functioning of the device or restrict its use or adversely affect the cost or efficiency of the device.

C. Notwithstanding any provision of the community documents, the court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section.
A.R.S. § 33-1206 — Arizona Code / Title 33 / Chapter 9 / Article 1 / Section 1206
33-1206 Eminent domain
Status: in_force

33-1206. Eminent domain

A. If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for his unit and its interest in the common elements, regardless of whether any common elements are acquired. On acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection becomes a common element.

B. Except as provided in subsection A of this section, if part of a unit is acquired by eminent domain the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements, regardless of whether any common elements are acquired. On acquisition, unless the decree otherwise provides, all of the following apply:

1. The unit's allocated interests are reduced in proportion to the reduction in the size of the unit or on any other basis specified in the declaration.

2. The portion of the allocated interests divested from the partially acquired unit is automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.

C. If part of the common elements is acquired by eminent domain, the portion of the award attributable to the common elements taken shall be paid to the association for the benefit of the unit owners. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element shall be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.

D. The court decree shall be recorded in every county in which any portion of the condominium is located.

E. If all of the units of the condominium are acquired by eminent domain, the condominium is terminated and the provisions of section 33-1228 apply.

F. This section does not restrict the rights of lessees, mortgagees, declarants or any other person holding an interest in a unit or its common elements from receiving separate compensation or a portion of the compensation payable, or both, pursuant to this section.
A.R.S. § 33-985 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 985
33-985 Lien for labor or materials furnished domestic vessel
Status: in_force

33-985. Lien for labor or materials furnished domestic vessel

Persons who furnish supplies or material or do repairs or perform labor for or on account of a domestic vessel owned wholly or in part in this state, shall have a lien on the vessel, her tackle, apparel, furniture and freight money for the amount due.
A.R.S. § 33-1378 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1378
33-1378 Removal of guest
Status: in_force

33-1378. Removal of guest

A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant and that person's presence in or on the premises does not constitute residency or tenancy.  A person who knowingly remains on the premises without the permission of the tenant or the landlord may be removed by a law enforcement officer at the request of the tenant or the landlord who is entitled to possession of the premises.
A.R.S. § 33-1376 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1376
33-1376 Landlord and tenant remedies for abuse of access
Status: in_force

33-1376. Landlord and tenant remedies for abuse of access

A. If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages.

B. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month's rent.
A.R.S. § 33-131 — Arizona Code / Title 33 / Chapter 1 / Article 3 / Section 131
33-131 Arizona coordinate system, 1983; zones; composition
Status: in_force

33-131. Arizona coordinate system, 1983; zones; composition

A. The Arizona coordinate system, 1983, is the system of plane coordinates which has been established by the national geodetic survey for defining and stating the positions or locations of points on the surface of the earth in this state.

B. The Arizona coordinate system, 1983, contains three zones as follows:

1. The west zone, composed of La Paz, Mohave and Yuma counties.

2. The central zone, composed of Coconino, Maricopa, Pima, Pinal, Santa Cruz and Yavapai counties.

3. The east zone, composed of Apache, Cochise, Gila, Graham, Greenlee and Navajo counties.

C. In any land description in which the Arizona coordinate system, 1983, is utilized the system shall be designated "Arizona coordinate system, 1983, __________ zone", with the name of the appropriate zone inserted.
A.R.S. § 33-1366 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1366
33-1366 Fire or casualty damage
Status: in_force

33-1366. Fire or casualty damage

A. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may do either of the following:

1. Immediately vacate the premises and notify the landlord in writing within fourteen days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.

2. If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.

B. If the rental agreement is terminated the landlord shall return all security recoverable under section 33-1321. Accounting for rent in the event of termination or apportionment is to occur as of the date the tenant vacates all or part of the dwelling unit.
A.R.S. § 33-1227 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1227
33-1227 Amendment of declaration
Status: in_force

33-1227. Amendment of declaration

A. Except in cases of amendments that may be executed by a declarant under section 33-1220, by the association under section 33-1206 or section 33-1216, subsection D, or by certain unit owners under section 33-1218, subsection B, section 33-1222, section 33-1223 or section 33-1228, subsection D, and except to the extent allowed or required by other provisions of this chapter, the declaration, including the plat, may be amended only by a vote of the unit owners to which at least sixty-seven percent of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use. The declaration may also provide that the consent of the declarant is required to an amendment during any period of declarant control pursuant to section 33-1243. Within thirty days after the adoption of any amendment pursuant to this subsection, the association shall prepare, execute and record a written instrument setting forth the amendment.

B. An action to challenge the validity of an amendment adopted by the association pursuant to this section shall not be brought more than one year after the amendment is recorded.

C. An amendment to the declaration shall be recorded in each county in which any portion of the condominium is located and is effective only on recordation in the same manner as required for the declaration under section 33-1211.

D. Except to the extent expressly allowed or required by other provisions of this chapter, an amendment shall not create or increase special declarant rights, increase the number of units or change the boundaries of any unit, the allocated interests of a unit or the uses to which any unit is restricted, in the absence of unanimous consent of the unit owners.

E. An amendment shall not terminate or decrease any unexpired development right, special declarant right or period of declarant control unless the declarant approves.

F. Amendments to the declaration required by this chapter to be executed by the association shall be executed on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.
A.R.S. § 33-134 — Arizona Code / Title 33 / Chapter 1 / Article 3 / Section 134
33-134 Tract located in more than one zone; description
Status: in_force

33-134. Tract located in more than one zone; description

If a tract of land to be defined by a single description extends from one into another of the coordinate zones established by this article, the position of all points on its boundaries may be referred to as either of the two zones, the zone which is used being specifically named in the description.
A.R.S. § 33-1063 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1063
33-1063 Commencement of actions; limitations
Status: in_force

33-1063. Commencement of actions; limitations

A. An action against the owner or construction lender to enforce payment of the claim stated in the stop notice or bonded stop notice may be commenced at any time after ten days from the date of the service of the stop notice on either the owner or construction lender and shall be commenced not later than three months after the expiration of the period within which claims of lien shall be recorded pursuant to section 33-993, unless all the parties required to be parties to the claim stipulate in writing to an extension of the time to bring an action of not more than an additional three months.

B. Monies shall not be withheld by reason of any stop notice for longer than the three month period prescribed in subsection A of this section unless an action is commenced. If an action is not commenced, the notice ceases to be effective and the monies shall be paid or released to the contractor or other person to whom they are due. Notice of commencement of any action shall be given within five days after commencement to the same persons and in the same manner as provided for service of a stop notice or bonded stop notice.
A.R.S. § 33-274 — Arizona Code / Title 33 / Chapter 2 / Article 4 / Section 274
33-274 Validity and assignment of conservation easements
Status: in_force

33-274. Validity and assignment of conservation easements

A. A conservation easement, or any assignment, release, modification, termination or other document altering or affecting a conservation easement, is only valid if recorded with the county recorder of the county in which any portion of the real property burdened by the conservation easement is located.

B. Third party rights of enforcement granted through a conservation easement to a governmental body, charitable corporation or trustee of a charitable trust may not be assigned, except with the prior written consent of the holder of the conservation easement.

C. A conservation easement is valid even though:

1. It is not appurtenant to an interest in real property.

2. It can be or has been assigned to another holder.

3. It is not of a character that has been recognized traditionally at common law.

4. It imposes a negative burden.

5. It imposes affirmative obligations on the owner of an interest in the burdened property or on the holder.

6. The benefit does not touch or concern real property.

7. There is no privity of estate or of contract.
A.R.S. § 33-1373 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1373
33-1373 Remedy after termination
Status: in_force

33-1373. Remedy after termination

If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement.
A.R.S. § 33-908 — Arizona Code / Title 33 / Chapter 7 / Article 1 / Section 908
33-908 Additional remedies
Status: in_force

33-908. Additional remedies

This article shall not be construed to impair or affect the right of any person to whom a debt is due for work done or material furnished to maintain an independent action to recover the debt against the person liable therefor.
A.R.S. § 33-2146 — Arizona Code / Title 33 / Chapter 19 / Article 4 / Section 2146
33-2146 Failure to maintain by tenant
Status: in_force

33-2146. Failure to maintain by tenant

If there is noncompliance by the tenant with law that materially affects health and safety and 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 ten 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 recreational vehicle space, 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 of the work as additional rent on the next date when periodic rent is due, or if the rental agreement was terminated, for immediate payment.
A.R.S. § 33-233 — Arizona Code / Title 33 / Chapter 2 / Article 2 / Section 233
33-233 Life estate in term of years
Status: in_force

33-233. Life estate in term of years

An estate for life may be created in an estate for a term of years and a remainder may be limited thereon.
A.R.S. § 33-2301 — Arizona Code / Title 33 / Chapter 21 / Article 1 / Section 2301
33-2301 Commercial buildings; telecommunications service; notice; definition
Status: in_force

33-2301. Commercial buildings; telecommunications service; notice; definition

A. For any commercial building in this state on request of a prospective tenant, the owner of the building shall provide to the prospective tenant written notice of the names of any currently available telecommunications service providers that have equipment, property or connections in place at the building to provide telecommunications services to the tenant.  The owner shall provide that notice to the tenant after the tenant's request at or before entering into any lease or rental agreement with the tenant.

B. This state and any of its political subdivisions shall not require the owner of a commercial building to accept or maintain facilities or services from one or more providers of telecommunications services.

C. For the purposes of this chapter, "telecommunications" means the transmission of information between users that does not change the form or content of the information and includes commercial cable services.
A.R.S. § 33-1217 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1217
33-1217 Allocation of common element interests, votes and common expense liabilities
Status: in_force

33-1217. Allocation of common element interests, votes and common expense liabilities

A. Except as required by section 33-1255, the declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association, to each unit and state the formulas used to establish those allocations. Except as otherwise provided in this chapter, the allocations shall not discriminate in favor of units owned by the declarant.

B. If units may be added to or withdrawn from the condominium, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.

C. The declaration may provide:

1. That different allocations of votes shall be made to the units on particular matters specified in the declaration.

2. For cumulative voting only for the purpose of electing members of the board of directors.

3. For class voting on specified issues affecting the class if necessary to protect valid interests of the class.

D. Except for minor variations due to rounding, the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units must each equal one if stated as fractions or one hundred per cent if stated as percentages. If a discrepancy exists between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.

E. Except as otherwise permitted by the provisions of this chapter, the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void.
A.R.S. § 33-2610 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2610
33-2610 Collection and turnover of receivership property
Status: in_force

33-2610. Collection and turnover of receivership property

A. Unless the court orders otherwise, on demand by a receiver:

1. A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or recoupment.

2. Subject to subsection C of this section, a person that has possession, custody or control of receivership property shall turn the property over to the receiver.

B. A person that has notice of the appointment of a receiver and owes a debt that is receivership property may not satisfy the debt by payment to the owner.

C. If a creditor has possession, custody or control of receivership property and the validity, perfection or priority of the creditor’s lien on the property depends on the creditor's possession, custody or control, the creditor may retain possession, custody or control until the court orders adequate protection of the creditor’s lien.

D. Unless a bona fide dispute exists about a receiver's right to possession, custody or control of receivership property, the court may sanction as civil contempt a person's failure to turn the property over when required by this section.
A.R.S. § 33-103 — Arizona Code / Title 33 / Chapter 1 / Article 1 / Section 103
33-103 Monuments at section and quarter section corners; reestablishment of corners; monument requirements; destruction of monuments; classification
Status: in_force

33-103. Monuments at section and quarter section corners; reestablishment of corners; monument requirements; destruction of monuments; classification

A. Landmarks or monuments established under the provisions of this article shall be set at the section corners and quarter section corners established by the United States survey. If there is a clerical error or omission in the government field notes or bearings, trees, mounds, fences or other locating evidences specified therein, or if they are destroyed or lost and there is no evidence by which the corners established by the United States survey can be identified, the land surveyor shall reestablish the corners under rules adopted by the United States for the survey of public lands.

B. Landmarks or monuments established pursuant to this section shall be presumptively at the section and quarter section corners as originally established by the United States survey.

C. The monument shall:

1. Be not less than two and one-half feet in length and constructed of durable material, preferably of metal rod or pipe.

2. Identify on the top of the monument the point of survey by punch mark or scribed cross.

3. Identify on the top of a monument set at section corners the proper numbering of the sections for which the monument forms a landmark.

4. Identify the quarter section for those monuments set at quarter section corners.

5. Bear the Arizona registration number of the land surveyor.

6. Be magnetically detectable.

7. Be placed firmly in the ground, leaving the top flush with the surface or recessed in a hand hole when placed on a public highway, or when not on a public highway set to the best judgment of the land surveyor to perpetuate the corner.

D. A person who knowingly or by gross negligence destroys, disfigures, removes or disturbs monuments described in subsection C or other permanent monuments set by the land surveyor which have the land surveyor's or public agency's cap or tag affixed to the monument is guilty of a class 2 misdemeanor.

E. A person acting independently or a person in responsible charge of another person who destroys, disfigures or disturbs monuments described in subsection C or other permanent monuments set by the land surveyor which have the land surveyor's or public agency's cap or tag affixed to the monument shall be civilly liable to the state, political subdivision or any other person for all costs associated with restoration or replacement of any monument destroyed, disfigured, removed or disturbed. The remedies under this subsection are in addition to any penalty which can be imposed under subsection D.
A.R.S. § 33-2003 — Arizona Code / Title 33 / Chapter 18 / Article 1 / Section 2003
33-2003 Applicability
Status: in_force

33-2003. Applicability

A. This chapter applies only to homeowners' association dwelling actions. This chapter does not apply to:

1. Actions filed by individual members of a homeowners' association against a seller.

2. Claims for personal injury, death or damage to property other than a dwelling.

3. Common law fraud claims.

4. Proceedings brought pursuant to title 32, chapter 10, whether filed by a homeowners' association or by individual members of a homeowners' association.

B. A homeowners' association dwelling action is also subject to title 12, chapter 8, article 14.
A.R.S. § 33-435 — Arizona Code / Title 33 / Chapter 4 / Article 3 / Section 435
33-435 Covenants implied from word "grant" or "convey"
Status: in_force

33-435. Covenants implied from word "grant" or "convey"

A. If the word "grant" or the word "convey" is used in a conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants and none other, on the part of the grantor for himself and his heirs, to the grantee and his heirs and assigns, are implied unless restrained by express terms contained in the conveyance:

1. That previous to the time of execution of the conveyance the grantor has not conveyed the same estate or any right, title or interest therein, to any person other than the grantee.

2. That the estate is at the time of execution of the conveyance free from encumbrances.

B. As used in this section, the term "encumbrances" includes taxes, assessments and all liens on real property.

C. The implied covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.
A.R.S. § 33-415 — Arizona Code / Title 33 / Chapter 4 / Article 2 / Section 415
33-415 Recording of master mortgages; including master mortgage provisions by reference in other mortgage
Status: in_force

33-415. Recording of master mortgages; including master mortgage provisions by reference in other mortgage

A. Any person may record in the office of the county recorder of any county master mortgages of real property. Master mortgages are not required to be acknowledged or proved or certified to be recorded or entitled to be recorded. Such mortgages shall have noted upon the face thereof that they are master mortgages.

B. The county recorder shall index and record master mortgages in the same manner as other mortgages are indexed and recorded and shall note on all indices and records thereof that they are master mortgages.

C. Thereafter any provisions of a recorded master mortgage may be included for any and all purposes in a mortgage by reference therein to any of such provisions without setting them forth in full, if the master mortgage is of record in the county in which the mortgage adopting or including by reference any provisions thereof is recorded.

D. The reference shall contain a statement:

1. As to each county in which the mortgage containing the reference is recorded.

2. The date such master mortgage was recorded.

3. The county recorder's office wherein the master mortgage is recorded.

4. The book, volume and page or pages or recording number of the records in the recorder's office where the master mortgage is recorded.

5. Paragraph numbers, or any other method, which will definitely identify the specific provisions of the master mortgage which are being adopted and included in the reference.

E. Recording a master mortgage which has included therein any provisions by reference as provided in this section shall operate as constructive notice of the whole thereof, including its terms, as a part of the written contents of any such mortgage, and of any provisions so included by reference as though they were written in full therein.

F. The parties bound, or to be bound, by provisions adopted and included by reference shall be bound thereby in the same manner and with like effect for all purposes as though such provisions were set forth in full in writing in such mortgage.
A.R.S. § 33-1368 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1368
33-1368 Noncompliance with rental agreement by tenant; failure to pay rent; utility discontinuation; liability for guests; definition
Status: in_force

33-1368. Noncompliance with rental agreement by tenant; failure to pay rent; utility discontinuation; liability for guests; definition

A. Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, including material falsification of the information provided on the rental application, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. For the purposes of this section, material falsification includes the following untrue or misleading information about the:

1. Number of occupants in the dwelling unit, pets, income of the prospective tenant, social security number and current employment listed on the application or lease agreement.

2. Tenant's criminal records, prior eviction record and current criminal activity. Material falsification of information in this paragraph is not curable under this section.

If there is a noncompliance by the tenant with section 33-1341 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than five days after receipt of the notice if the breach is not remedied in five days. However, if the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate.  If there is an additional act of these types of noncompliance of the same or a similar nature during the term of the lease after the previous remedy of noncompliance, the landlord may institute a special detainer action pursuant to section 33-1377 ten days after delivery of a written notice advising the tenant that a second noncompliance of the same or a similar nature has occurred. If there is a breach that is both material and irreparable and that occurs on the premises, which may include an illegal discharge of a weapon, homicide as prescribed in sections 13-1102, 13-1103, 13-1104 and 13-1105, prostitution as defined in section 13-3211, criminal street gang activity as prescribed in section 13-105, activity as prohibited in section 13-2308, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance as defined in section 13-3451, threatening or intimidating as prohibited in section 13-1202, assault as prohibited in section 13-1203, acts that have been found to constitute a nuisance pursuant to section 12-991 or a breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, the landlord's agent or another tenant or involving imminent or actual serious property damage, the landlord may deliver a written notice for immediate termination of the rental agreement and shall proceed under section 33-1377. The foregoing list of actions which may constitute a material and irreparable breach of a tenant's lease is not exhaustive.

B. A tenant may not withhold rent for any reason not authorized by this chapter. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377. Before the filing of a special detainer action the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement. After a special detainer action is filed the rental agreement is reinstated only if the tenant pays all past due rent, reasonable late fees set forth in a written rental agreement, attorney fees and court costs. After a judgment has been entered in a special detainer action in favor of the landlord, any reinstatement of the rental agreement is solely in the discretion of the landlord.

C. The landlord may recover all reasonable damages resulting from noncompliance by the tenant with the rental agreement or section 33-1341 or occupancy of the dwelling unit, court costs, reasonable attorney fees and all quantifiable damage caused by the tenant to the premises.

D. The landlord may discontinue utility services provided by the landlord on the day following the day that a writ of restitution or execution is executed pursuant to section 12-1181. Disconnections shall be performed only by a person authorized by the utility whose service is being discontinued. This section does not supersede standard tariff and operational procedures that apply to any public service corporation, municipal corporation or special districts providing utility services in this state.

E. On the day following the day that a writ of restitution or execution is executed pursuant to section 12-1181, the landlord shall comply with section 33-1370, subsections D, E, F, G, H and I regarding the tenant's personal property.

F. For the purposes of this chapter, the tenant shall be held responsible for the actions of the tenant's guests that violate the lease agreement or rules or regulations of the landlord if the tenant could reasonably be expected to be aware that such actions might occur and did not attempt to prevent those actions to the best of the tenant's ability.

G. For the purposes of this section, "days" means calendar days.
A.R.S. § 33-1121 — Arizona Code / Title 33 / Chapter 8 / Article 2 / Section 1121
33-1121 Definitions
Status: in_force

33-1121. Definitions

In this article, unless the context otherwise requires:

1. "Debtor" means an individual whether married or single utilizing property described in this article for personal, family or household use.

2. "Process" means execution, attachment, garnishment, replevin, sale or any final process issued from any court or any other judicial remedy provided for collection of debts.
A.R.S. § 33-986 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 986
33-986 Lien for labor in cutting wood, logs or ties
Status: in_force

33-986. Lien for labor in cutting wood, logs or ties

Persons who cut or cord wood, cut, saw or skid logs, cut, saw, hew or pile ties at the request of the owner thereof, shall have a lien thereon for the amount due for the labor performed.
A.R.S. § 33-1485.01 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1485.01
33-1485.01 Removal of mobile home from mobile home park; violation; joint and several liability
Status: in_force

33-1485.01. Removal of mobile home from mobile home park; violation; joint and several liability

A. A tenant or a tenant's successor in interest shall provide the landlord with a written notification of intent to remove a mobile home from a mobile home space.  The notification shall include the date the mobile home will be removed from the mobile home park, the name, address and telephone number of the person or entity that will be removing the mobile home from the mobile home park and the name, address and telephone number of the person or entity that will be the responsible party for restoring the mobile home space in accordance with the rental agreement and the mobile home park rules and regulations. If the responsible party is not licensed by the Arizona department of housing or the registrar of contractors, the landlord may require a security deposit or surety bond of not more than two thousand five hundred dollars minus the amount of any security deposit that was collected at the beginning of the tenant's tenancy.  The security deposit or surety bond shall be paid or provided before work begins on restoring the mobile home space and shall secure the cost of restoration if the responsible party fails to completely restore the mobile home space. The landlord shall provide an accounting of any security deposit as prescribed in section 33-1431, subsection C.

B. A mobile home shall not be removed from a mobile home park by any tenant, any mobile home owner or any other person or entity unless the person or entity that is removing the mobile home has received from the landlord a written clearance for removal. The landlord shall not interfere with the removal of a mobile home for any reason other than nonpayment of monies due as of the date of removal even if the term of the rental agreement has not expired. The written clearance shall contain both of the following:

1. A statement that all monies due for space rent as of the date of removal have been paid or that the landlord and that person or entity have otherwise agreed to the removal.

2. The requirements for a mobile home space restoration as prescribed by the rental agreement and by the mobile home park rules and regulations and that shall be performed by the responsible party listed in the removal notification that is required by subsection A of this section.

C. A person or entity who violates subsection B of this section shall be liable for two times the amount of any rents due.

D. The responsible party identified in the removal notification that is removing a mobile home from a mobile home space shall also remove all accessory structures unless the landlord has agreed in writing to allow those structures to remain. The responsible party identified in the removal notification that is removing the mobile home shall also remove all construction debris, trash and personal property on the rental space from the mobile home park and shall be responsible for restoring the space in accordance with the rental agreement and the mobile home park rules and regulations. The rules and regulations may contain conditions regarding the removal of a mobile home from the mobile home park and the restoration of a mobile home space by a tenant or a tenant's successor in interest after removal of the mobile home.  The conditions shall not include any provisions regarding environmental liability or environmental remediation, and any environmental liability or environmental remediation requirements shall be governed as otherwise provided by law.  If a rental space does not satisfy the requirements of this section following removal of a mobile home, the landlord may provide the last tenant, the tenant's successor in interest or the mobile home owner and the responsible party identified in the removal notification with written notice that specifies what must be done to bring the space into compliance and that requests that the parties remedy the condition within ten days.  If the work is not completed within ten days, the landlord may cause the work to be done and shall prepare an itemized bill for the actual and reasonable cost or the fair and reasonable value of the work and submit it to the last tenant, the tenant's successor in interest or the mobile home owner and the responsible party identified in the removal notification.  All of those persons shall be jointly and severally liable for the expenses.
A.R.S. § 33-1815 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1815
33-1815 Association authority; commercial signage
Status: in_force

33-1815. Association authority; commercial signage

Notwithstanding any provision in the community documents, after an association has approved a commercial sign, including its registered trademark that is located on properties zoned for commercial use in the planned community, the association, including any subsequently elected board of directors, may not revoke or modify its approval of that sign if the owner or operator of the sign has received approval for the sign from the local or county governing body with jurisdiction over the sign.
A.R.S. § 33-992 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 992
33-992 Preference of liens over subsequent encumbrances; professional services liens
Status: in_force

33-992. Preference of liens over subsequent encumbrances; professional services liens

A. The liens provided for in this article, except as provided in subsection B of this section or unless otherwise specifically provided, are preferred to all liens, mortgages or other encumbrances upon the property attaching subsequent to the time the labor was commenced or the materials were commenced to be furnished except any mortgage or deed of trust that is given as security for a loan made by a construction lender as defined in section 33-992.01, subsection A, paragraph 1, if the mortgage or deed of trust is recorded within ten days after labor was commenced or the materials were commenced to be furnished. The liens provided for in this article except as provided in subsection B of this section are also preferred to all liens, mortgages and other encumbrances of which the lienholder had no actual or constructive notice at the time the lienholder commenced labor or commenced to furnish materials except any mortgage or deed of trust that is given as security for a loan made by a construction lender as defined in section 33-992.01, subsection A, paragraph 1, if the mortgage or deed of trust is recorded within ten days after labor was commenced or the materials were commenced to be furnished.

B. A notice and claim of lien for professional services shall not attach to the property for priority purposes until labor has commenced on the property or until materials have commenced to be furnished to the property so that it is apparent to any person inspecting the property that construction, alteration or repair of any building or other structure or improvement has commenced.

C. If no labor commences on a property or no materials are furnished to the property, a registered professional may record and foreclose on a lien at any time after the registered professional's work has commenced if the registered professional's work has added value to the property. If labor or materials are furnished to the property, the priority of the registered professional's lien is governed by subsection B of this section.

D. Liens for professional services shall attach not before but at the same time, and shall have the same priority, as other liens provided for in this article.

E. If any improvement at the site is not provided for in any contract for the construction of any building or other structure, the improvement at the site is a separate work and the commencement of the improvement is not commencement of the construction of the building or other structure. The liens arising from work and labor done or professional services or materials furnished for each improvement at the site shall have a separate priority from liens arising from work and labor done or professional services or materials furnished for the construction of the building or other structure.  A lien arising from work or labor done or materials furnished for each improvement at the site attaches to property for priority purposes at the time labor was commenced or materials were commenced to be furnished pursuant to the contract between the owner and original contractor for that improvement to the site.  For purposes of this subsection, "improvement at the site" means any of the following on any lot or tract of land or the street, highway or sidewalk in front of or adjoining any lot or tract of land:

1. Demolition or removal of improvements, trees or other vegetation.

2. Drilling of test holes.

3. Grading, filling or otherwise improving.

4. Constructing or installing sewers or other public utilities.

5. Constructing or installing streets, highways or sidewalks.
A.R.S. § 33-1323 — Arizona Code / Title 33 / Chapter 10 / Article 2 / Section 1323
33-1323 Landlord to supply possession of dwelling unit
Status: in_force

33-1323. Landlord to supply possession of dwelling unit

At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and section 33-1324. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in section 33-1375, subsection C.
A.R.S. § 33-202 — Arizona Code / Title 33 / Chapter 2 / Article 1 / Section 202
33-202 Estates as property interest; freeholds; chattels real; chattel interests
Status: in_force

33-202. Estates as property interest; freeholds; chattels real; chattel interests

A. Estates of inheritance and for life are freehold estates, except that an estate for the life of a third person, whether limited to heirs or otherwise, is a freehold only during the life of the grantee or devisee, and after his death is a chattel real.

B. Estates for years are chattels real.

C. Estates at will or by sufferance are chattel interests, but are not liable as such to sale on execution.
A.R.S. § 33-728 — Arizona Code / Title 33 / Chapter 6 / Article 2 / Section 728
33-728 Recording upon record that mortgage is foreclosed and judgment satisfied; effect
Status: in_force

33-728. Recording upon record that mortgage is foreclosed and judgment satisfied; effect

When a mortgage has been foreclosed by action in court, and the judgment has been paid and satisfaction thereof entered upon the docket, the county recorder, upon presentation to him of the certificate of the clerk of the court certifying such facts including the docket and page or recording number of the recorded mortgage or deed of trust, shall record the certificate. Such recording shall have the same effect as the record of discharge by the mortgagee.
A.R.S. § 33-1230 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1230
33-1230 Merger or consolidation of condominiums
Status: in_force

33-1230. Merger or consolidation of condominiums

A. Any two or more condominiums, by agreement of the unit owners as provided in subsection B, may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium is, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association which shall hold all powers, rights, obligations, assets and liabilities of all preexisting associations.

B. An agreement of two or more condominiums to merge or consolidate pursuant to subsection A shall be evidenced by an agreement prepared, executed, recorded and certified by the president of the association of each of the preexisting condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. Any such agreement shall be recorded in each county in which a portion of the condominium is located and is not effective until recorded. A merger or consolidation of two or more condominiums shall be considered an amendment to the declaration of each of the condominiums merged or consolidated.

C. Every merger or consolidation agreement shall provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either by stating:

1. The reallocations or the formulas on which they are based.

2. The percentage of overall allocated interests of the new condominium which are allocated to all of the units comprising each of the preexisting condominiums, and providing that the portion of the percentages allocated to each unit formerly comprising a part of the preexisting condominium must be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominiums.
A.R.S. § 33-1122 — Arizona Code / Title 33 / Chapter 8 / Article 2 / Section 1122
33-1122 Debtor's property not exempt from process
Status: in_force

33-1122. Debtor's property not exempt from process

The property declared exempt by this article is not exempt from process utilized to enforce a security interest in or pledge of such property, or to obtain possession of leased property.
A.R.S. § 33-966 — Arizona Code / Title 33 / Chapter 7 / Article 5 / Section 966
33-966 Superiority of lien for personal injury judgment against person operating railway
Status: in_force

33-966. Superiority of lien for personal injury judgment against person operating railway

A. Judgment against a person operating a railway, or a street railway for injury to any person or property in the operation of the railway shall be a lien within the county where judgment is given, upon the property of such person prior and superior to the lien of any mortgage or trust deed.
A.R.S. § 33-1151 — Arizona Code / Title 33 / Chapter 8 / Article 3 / Section 1151
33-1151 Exemption from execution
Status: in_force

33-1151. Exemption from execution

A. In addition to any other exemption provided by law, all real, personal, tangible or intangible property of a judgment debtor in this state is exempt from execution of a judgment in favor of another state for failure to pay that state's income tax on benefits received from a pension or other retirement plan to the extent those benefits were received while the judgment debtor was a resident of this state. The exempt property may include community, joint or separate property of the judgment debtor.

B. If the judgment debtor dies or absconds and leaves a spouse or dependent any property that is exempt under this section, the property remains exempt to the spouse or dependent.

C. A claim or judgment in favor of another state for failure to pay that state's income tax on benefits received from a pension or other retirement plan to the extent those benefits were received while the judgment debtor was a resident of this state is not a lien on any property in this state that is owned by a resident of this state.
A.R.S. § 33-1362 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1362
33-1362 Failure to deliver possession
Status: in_force

33-1362. Failure to deliver possession

A. If the landlord fails to deliver physical possession of the dwelling unit to the tenant as provided in section 33-1323, rent abates until possession is delivered and the tenant may do either of the following:

1. Upon at least five days' written notice to the landlord terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security.

2. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him.

B. If the landlord fails to deliver constructive possession to the tenant because of noncompliance with section 33-1324, rent shall not abate. Tenant may proceed with the remedies provided for in section 33-1361.

C. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than two months' periodic rent or twice the actual damages sustained by him, whichever is greater.
A.R.S. § 33-2149 — Arizona Code / Title 33 / Chapter 19 / Article 4 / Section 2149
33-2149 Change in use; notices; compensation for moving expenses; payments by the landlord; applicability
Status: in_force

33-2149. Change in use; notices; compensation for moving expenses; payments by the landlord; 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 one hundred eighty days before the change in use. The landlord may not increase rent within ninety days before giving notice of a change in use.

2. The landlord shall inform all tenants in writing about the mobile home relocation fund established by section 33-1476.02.

3. If a tenant is required to move due to a change in use or redevelopment of the park, the tenant may do any of the following:

(a) Collect payment from the mobile home relocation fund for the lesser of the actual moving expenses of relocating the park trailer or park model to a new location that is within a one hundred-mile radius of the vacated park or the maximum of $6,000.  Moving expenses include the cost of stabilizing, taking down, moving and setting up the park trailer or park model in the new location.

(b) Abandon the park trailer or park model in the park and collect an amount equal to forty percent of the maximum allowable moving expense for that park trailer or park model from the mobile home relocation fund. To qualify for abandonment payment pursuant to this subdivision, the tenant shall deliver to the landlord the current title to the park trailer or park model 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 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 park trailer or park model pursuant to this subdivision, the landlord is exempt from making the payments to the fund prescribed in paragraph 4 of this section.

(c) If a park trailer or park model is relocated to a location outside of the vacated park and, in the sole judgment of the director, the park trailer or park model was ground set in the park from which it was removed, the tenant may collect additional monies not to exceed $2,500 for the incremental costs of removing a ground-set park trailer or park model. These monies are in addition to any monies provided pursuant to subdivision (a) of this paragraph.

4. Except as provided in paragraph 3, subdivision (b) and paragraph 6 of this section, if there is a change in use the landlord shall pay $250 for each park trailer or park model relocated to the fund for each tenant filing for relocation assistance with the director.

5. If a change in use occurs and the landlord does not comply with paragraph 1 of this section, the landlord shall pay to the fund in addition to the monies prescribed in paragraph 4 of this section $250 for each space occupied by a park trailer or park model.

6. The landlord is not required to make the payments prescribed in paragraphs 4 and 5 of this section for moving a park trailer or park model owned by the landlord or for moving a park trailer or park model under a contract with the tenant if the tenant does not file for relocation assistance with the director.

7. The tenant shall submit a contract for relocation of a park trailer or park model for approval to the director within sixty days after the relocation to be eligible for payment of relocation expenses. The director must approve or disapprove the contract within fifteen days after receipt of the contract, or the contract is deemed to be approved.

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

(a) The installer obtains valid permits to move the park trailer or park model to a new location.

(b) The installer 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.

9. 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.

10. If this state or a political subdivision of this state exercises eminent domain and the park is sold or a sale is made to this state or a political subdivision of this state that intends to exercise eminent domain, the state or political subdivision is responsible for the relocation costs of the tenants.

11. If a tenant is vacating the premises and has informed the landlord or manager before the change-in-use notice has been given, the tenant is not eligible for compensation under this section.

12. A person who purchases a park trailer or park model already situated in a park or moves a park trailer or park model into a park in which a change-in-use notice has been given is not eligible for compensation under this section.

13. This section does not apply to a change in use if the landlord moves a tenant to another space in the park at the landlord's expense.
A.R.S. § 33-536 — Arizona Code / Title 33 / Chapter 4 / Article 7 / Section 536
33-536 Optional form for amendment by owner
Status: in_force

33-536. Optional form for amendment by owner

The following form may be used by an owner to make an amendment under section 33-533:

Amendment By Owner To Remove An Unlawful Restriction

This amendment is recorded under title 33, chapter 4, article 7, Arizona Revised Statutes, by an owner of an interest in real property subject to an unlawful restriction as defined in section 33-532, Arizona Revised Statutes.

1. Name of owner: ____________________________________

2. Owner's property that is subject to the unlawful restriction is described as follows:

Address: ______________________________________________

Legal description: ____________________________________

3. This amendment amends the following document:

Title of document being amended: ______________________

Recording date of document being amended: _____________

Recording information (book/page or instrument number): ___________________________________

This amendment removes from the document described in paragraph 3 all unlawful restrictions as defined in section 33-532, Arizona Revised Statutes. Removal of an unlawful restriction through this amendment does not affect the validity and enforceability of any other restriction that is not an unlawful restriction as defined under section 33-532, Arizona Revised Statutes, at the time of filing this amendment.  This amendment is not effective if the property is subject to a governing instrument as defined in section 33-532, Arizona Revised Statutes.

______________________              ____________________

Owner's signature                     Date

Notary Acknowledgment
A.R.S. § 33-402 — Arizona Code / Title 33 / Chapter 4 / Article 1 / Section 402
33-402 Forms for conveyances; quit claim; conveyance; warranty; mortgage
Status: in_force

33-402. Forms for conveyances; quit claim; conveyance; warranty; mortgage

The following or other equivalent forms varied to suit circumstances are sufficient:

1. To quit claim:

For the consideration of ______________, I hereby quit claim to A.B. all my interest in the following real property (describing it).

2. To convey:

For the consideration of ______________, I hereby convey to A.B. the following real property (describing it).

3. To convey and warrant:

The same as the preceding form, adding "and I warrant the title against all persons whomsoever" (or other words of warranty).

4. To mortgage:

The same as to convey, adding the following:  "To be void upon condition that I pay, etc."
A.R.S. § 33-1374 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1374
33-1374 Recovery of possession limited
Status: in_force

33-1374. Recovery of possession limited

A landlord may not recover or take possession of the dwelling unit by action or otherwise, including forcible removal of the tenant or his possessions, willful diminution of services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, except in case of abandonment, surrender or as permitted in this chapter.
A.R.S. § 33-806.01 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 806.01
33-806.01 Trustor's right to transfer; transfer fee limit; interest rate increase limit
Status: in_force

33-806.01. Trustor's right to transfer; transfer fee limit; interest rate increase limit

A. Nothing in this article shall be construed to prevent or limit the right of a trustor to transfer his interest in the trust property, or authorize a beneficiary or trustee to arbitrarily withhold his consent to a transfer by the trustor of his interest in the trust property.

B. When a trustor transfers his interest in the trust property, no beneficiary or trustee shall charge a fee on the transfer of more than one hundred dollars or one per cent of the balance due on the obligation secured by the trust deed, whichever is greater.

C. When a trustor transfers his interest in the trust property, no beneficiary or trustee shall increase the interest rate on the obligation secured by such trust deed unless the transferring trustor is released from all liability thereon and in no event shall the amount of such increase exceed one-half of one percent per annum more than the interest rate paid by the transferring trustor.

D. This section shall be applicable only to trust property of two and one-half acres or less which is not used for commercial purposes and which is limited to and utilized for dwelling units, not to exceed four single-family units.
A.R.S. § 33-2204 — Arizona Code / Title 33 / Chapter 20 / Article 1 / Section 2204
33-2204 Powers of board; limitations; period of developer control; election of directors and officers; removal of directors
Status: in_force

33-2204. Powers of board; limitations; period of developer control; election of directors and officers; removal of directors

A. Except as provided in the timeshare instrument, subsection B or other provisions of this chapter, the board may act in all instances on behalf of the association.

B. Except as expressly authorized in the timeshare instrument, the board shall not act on behalf of the association to amend the timeshare instrument, terminate the timeshare plan, elect or remove members of the board or determine the qualifications, powers and duties or terms of office of directors.  The board may fill vacancies in its membership for the unexpired portion of any term, subject to the timeshare instrument.

C. Except as otherwise provided in this section, the timeshare instrument may provide for a period of developer control of an association during which the developer, or a person designated by the developer, may appoint and remove the officers of the association and the members of the board. Notwithstanding the period provided in the timeshare instrument, the period of developer control of the association terminates no later than the earlier of:

1. One hundred twenty days after conveyance of ninety-five per cent of the timeshare interests that were created by the timeshare instrument to owners other than the developer.

2. Five years after the developer has ceased to offer timeshare interests for sale in the ordinary course of business, under either the timeshare plan itself or another timeshare plan in which the timeshare interests are included, whichever is later.

D. A developer may voluntarily surrender the right to appoint and remove officers of the association and members of the board before the end of the period provided for in subsection C by executing a written instrument declaring the surrender and providing a copy of the instrument to the owners. If the timeshare instrument is recorded, the developer’s surrender instrument shall be recorded.  In the developer’s surrender instrument, the developer may require that, for the duration of the period of the developer’s control, specified actions of the association or board as described in the timeshare instrument be approved by the developer before they become effective.

E. If the timeshare instrument provides for a developer control period of shorter duration than any period prescribed by this section, the timeshare instrument controls.

F. No later than the termination of any period of developer control, the owners shall elect a board of at least three members, which may include representatives of the developer.  The board shall elect the officers of the association.  The board members and officers of the association take office on election.

G. Notwithstanding any provision of a timeshare instrument or the bylaws of an association to the contrary, the owners, by a vote representing at least two-thirds of all voting rights of persons present in person or by proxy who are entitled to vote at any meeting of the owners at which a quorum is present, may remove any member of the board, with or without cause, other than a member appointed by the developer during the period of developer control under subsection C.
A.R.S. § 33-982 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 982
33-982 Claim of lien by assignee of contract or account for material furnished or labor performed
Status: in_force

33-982. Claim of lien by assignee of contract or account for material furnished or labor performed

An assignee of a contract or account for material furnished or labor performed may verify, file, record and enforce the contract as if he had been the original owner or holder thereof.
A.R.S. § 33-1476.03 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1476.03
33-1476.03 Assessments for mobile home relocation fund; waiver
Status: in_force

33-1476.03. Assessments for mobile home relocation fund; waiver

A. In order to provide monies for the mobile home relocation fund, each owner of a mobile home located in a mobile home park who does not own the land on which the mobile home is located shall pay each year to the state an assessment equal to a rate of $.50 per $100 of the taxable assessed valuation, derived by applying the applicable percentage specified in title 42, chapter 15, article 1 to the limited property value, for each mobile home the person owns. The county treasurer shall collect the assessment imposed by this subsection at the same time and in the same manner as personal property taxes.  The county treasurer shall separately list the assessment on the tax roll and shall transfer the revenues collected to the state treasurer for deposit in the mobile home relocation fund.  The county treasurer shall send to the state treasurer a written notice of the total taxable assessed valuation, derived by applying the applicable percentage specified in title 42, chapter 15, article 1 to the limited property value, of all mobile homes in the county on which the assessment prescribed by this section is assessed.  The assessment constitutes a lien on the mobile home.

B. The director shall notify all county assessors to waive the assessment for any year if the monies in the fund exceed $8,000,000.  The director shall send a copy of the notice to the county treasurers.

C. If at the end of a fiscal year the amount of monies in the relocation fund is less than $6,000,000, the director shall notify the county assessors to reinstate the assessment prescribed by this section.  If the director notifies the county assessors, the director shall send a copy of the notice to the county treasurers.
A.R.S. § 33-1133 — Arizona Code / Title 33 / Chapter 8 / Article 2 / Section 1133
33-1133 Other exemption laws
Status: in_force

33-1133. Other exemption laws

A. Nothing in this article shall be construed to displace other provisions of law which afford additional or greater protection to a debtor's property.

B. Notwithstanding subsection A, in accordance with 11 U.S.C. 522 (b), residents of this state are not entitled to the federal exemptions provided in 11 U.S.C. 522 (d). Nothing in this section affects the exemptions provided to residents of this state by the constitution or statutes of this state.
A.R.S. § 33-1059 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1059
33-1059 Assignment of monies; effect
Status: in_force

33-1059. Assignment of monies; effect

A. Whether made before or after a stop notice or bonded stop notice is given to a construction lender, no assignment by the owner or contractor of construction monies takes priority over the stop notice or bonded stop notice, and the assignment has no effect as to the rights of claimants who give the stop notice or bonded stop notice.

B. Any allocation or disbursement of any sum from construction monies by a construction lender for the payment of loan fees, interest or other charges to the construction lender is not an assignment under subsection A and is not subject to any stop notice or bonded stop notice given to the construction lender.
A.R.S. § 33-801 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 801
33-801 Definitions
Status: in_force

33-801. Definitions

In this chapter, unless the context otherwise requires:

1. "Beneficiary" means the person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or the person's successor in interest.

2. "Business day" means any day other than a Saturday or a legal holiday.

3. "Cash" means United States currency.

4. "Contract" means a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty, including but not limited to a note, a promissory note or provisions of any trust deed.

5. "Credit bid" means a bid made by the beneficiary in full or partial satisfaction of the contract or contracts which are secured by the trust deed.  Such credit bid may only include an amount up to the full amount of the contract or contracts secured by the trust deed, less any amount owing on liens or encumbrances with interest which are superior in priority to the trust deed and which the beneficiary is obligated to pay under the contract or contracts or under the trust deed, together with the amount of other obligations provided in or secured by the trust deed and the costs and expenses of exercising the power of sale and the sale, including the trustee's fees and reasonable attorney fees actually incurred.

6. "Force majeure" means an act of God or of nature, a superior or overpowering force or an event or effect that cannot reasonably be anticipated or controlled and that prevents access to the sale location for conduct of a sale.

7. "Parent corporation" means a corporation which owns eighty per cent or more of every class of the issued and outstanding stock of another corporation or, in the case of a savings and loan association, eighty per cent or more of its issued and outstanding guaranty capital.

8. "Trust deed" or "deed of trust" means a deed executed in conformity with this chapter and conveying trust property to a trustee or trustees qualified under section 33-803 to secure the performance of a contract or contracts, other than a trust deed which encumbers in whole or in part trust property located in Arizona and in one or more other states.

9. "Trust property" means any legal, equitable, leasehold or other interest in real property which is capable of being transferred, whether or not it is subject to any prior mortgages, trust deeds, contracts for conveyance of real property or other liens or encumbrances.

10. "Trustee" means an individual, association or corporation qualified pursuant to section 33-803, or the successor in interest thereto, to whom trust property is conveyed by trust deed. The trustee's obligations to the trustor, beneficiary and other persons are as specified in this chapter, together with any other obligations specified in the trust deed.

11. "Trustor" means the person conveying trust property by a trust deed as security for the performance of a contract or contracts, or the successor in interest of such person.
A.R.S. § 33-106 — Arizona Code / Title 33 / Chapter 1 / Article 1 / Section 106
33-106 Corner record survey; filing; contents
Status: in_force

33-106. Corner record survey; filing; contents

A. A land surveyor shall complete, sign and file or cause to be filed with the county recorder of the county in which the corner is situated, a written record of the establishment or restoration of public land corners as established by cadastral surveys of the United States general land office or United States bureau of land management, including those monuments designating boundaries of land grants, military reservations, government and Indian reservations, land patents and mining patents, including also those monuments established as mineral monuments by an authorized United States mineral surveyor. The survey information shall be filed within thirty days after the survey is completed, unless the corner and its accessories are substantially as described in an existing corner record previously filed.

B. The corner record shall include the following:

1. A report, by sketch or narration, or both, concerning ties to existing monuments presumed authentic.

2. Acceptable monuments found in a perishable or deteriorated condition, a description of what was found and actions taken for the rehabilitation or perpetuation of the monument by the surveyor making such report.

3. New monuments set in a position occupied by an old monument, a description of the new monument as to material, shape, marking, projection above the surface of the ground, distance buried below the ground surface, disposition of the old monument and related items.

4. The procedure followed, by sketch and narration, in reestablishing the corner reported if no acceptable evidence of the original monument or its location can be found.

5. A description of the monument set to perpetuate the corner as reestablished and reported, indicating any bearing trees or objects noted in the general vicinity of the new monument.

6. The location and nature of all reference monuments or objects which would be useful in the identification, recovery or reestablishment of any monument referred to in such report.

7. Acceptable monuments found with reference monuments, accessories and general surroundings materially differing from the information contained in previous corner records. The conditions observed in the survey which materially differ from the original recordation shall be clearly reported by sketch and narration.

C. The county recorder shall keep proper indices of such corner records by the name of grant, tract, subdivision or cadastral subdivisions by United States bureau of land management or general land office.
A.R.S. § 33-746 — Arizona Code / Title 33 / Chapter 6 / Article 3 / Section 746
33-746 Request for copy of notice of election to forfeit
Status: in_force

33-746. Request for copy of notice of election to forfeit

A. Any person, including, without limitation, a person in possession of the property or having an interest in or a lien or encumbrance on the property, which is not disclosed by a document recorded with the county recorder of the county in which the real property is located, who desires a copy of a notice of election to forfeit under a contract shall, prior to recording of a notice of election to forfeit, record with the county recorder of the county in which the real property is located a request for a copy of any notice of election to forfeit.

B. A request for a copy of any notice of election to forfeit under a contract shall be substantially in the following form:

"Request for Notice of Election to Forfeit

Request is hereby made that a copy of any notice of election to forfeit under the 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:

be mailed to: _________________________________________________________, at _____________________________________________________________________.

Dated this __________ day of _______________, 19____.

______________________________________

signature

(acknowledgment)"

C. The existence and contents of a recorded request do not affect the title to the property or provide notice to any person that a person requesting a copy of the notice has an interest in or a lien or encumbrance on the property.
A.R.S. § 33-2605 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2605
33-2605 Appointment of receiver
Status: in_force

33-2605. Appointment of receiver

A. The court may appoint a receiver:

1. Before judgment, to protect a party that demonstrates an apparent right, title or interest in real property that is the subject of the action, if the property or its revenue-producing potential:

(a) Is being subjected to or is in danger of waste, loss, dissipation or impairment.

(b) Has been or is about to be the subject of a voidable transaction.

(c) Needs to be protected and preserved or if the rights of the parties need to be protected and preserved, even if the action does not include any other claim for relief.

2. After judgment:

(a) To carry the judgment into effect.

(b) To preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment.

3. In an action in which a receiver for real property may be appointed on equitable grounds.

4. During any time allowed for redemption, to preserve real property sold in an execution or foreclosure sale and to secure its rents to the person entitled to the rents.

B. In connection with the foreclosure or other enforcement of a mortgage, the court may appoint a receiver for the mortgaged property if:

1. Appointment is necessary to protect the property from waste, loss, transfer, dissipation or impairment.

2. The mortgagor agreed in a signed record to appointment of a receiver on default.

3. The owner agreed, after default and in a signed record, to appointment of a receiver.

4. The property and any other collateral held by the mortgagee are not sufficient to satisfy the secured obligation.

5. The owner fails to turn over to the mortgagee proceeds or rents the mortgagee was entitled to collect.

6. The holder of a subordinate lien obtains appointment of a receiver for the property.

7. The property or the rights of the parties need to be protected and preserved, even if the action does not include any other claim for relief.
A.R.S. § 33-996 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 996
33-996 Joinder of persons claiming liens; claimant as party defendant; intervention
Status: in_force

33-996. Joinder of persons claiming liens; claimant as party defendant; intervention

Lienors not contesting the claims of each other may join as plaintiffs, and when separate actions are commenced the court may consolidate them, and make all persons having claims filed parties to the action. Persons claiming liens who fail or refuse to become parties plaintiff shall be made parties defendant, and those not made a party, may, at any time before final hearing, intervene.
A.R.S. § 33-2607 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2607
33-2607 Receiver's bond; alternative security
Status: in_force

33-2607. Receiver's bond; alternative security

A. Except as otherwise provided in subsection B of this section, a receiver shall post with the court a bond that:

1. Is conditioned on the faithful discharge of the receiver’s duties.

2. Has one or more sureties approved by the court.

3. Is in an amount the court specifies.

4. Is effective as of the date of the receiver's appointment.

B. The court may approve the posting by a receiver with the court of alternative security, such as a letter of credit or deposit of funds.  The receiver may not use receivership property as alternative security.  Interest that accrues on deposited funds must be paid to the receiver on the receiver's discharge.

C. The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section.
A.R.S. § 33-932 — Arizona Code / Title 33 / Chapter 7 / Article 3 / Section 932
33-932 Perfecting lien; statement of claim; recording; effect
Status: in_force

33-932. Perfecting lien; statement of claim; recording; effect

A. In order to perfect a lien granted by section 33-931, the executive officer, licensed health care provider or agent of a health care provider shall record, before or within thirty days after the patient has received any services relating to the injuries, except a hospital which shall record within thirty days after the patient is discharged, in the office of the recorder in the county in which the health care provider is located a verified statement in writing setting forth all of the following:

1. The name and address of the patient as they appear on the records of the health care provider.

2. The name and location of the health care provider.

3. The name and address of the executive officer or agent of the health care provider, if any.

4. The dates or range of dates of services received by the patient from the health care provider.

5. The amount claimed due for health care.

6. For health care providers other than hospitals or ambulance services, to the best of the claimant's knowledge, the names and addresses of all persons, firms or corporations and their insurance carriers claimed by the injured person or the injured person's representative to be liable for damages arising from the injuries for which the person received health care.

B. The verified statement shall also include the amount claimed due as of the date of recording of the claim or lien and a statement regarding whether the patient's treatment has been terminated or will be continued. Amounts incurred during the continued period are also subject to the lien.

C. The claimant shall also mail, by first class mail within five days after recording the claim or lien, a copy of the claim or lien to the injured person.  For health care providers other than hospitals or ambulance services the claimant shall also mail a copy to all persons, firms or corporations and their insurance carriers claimed by the injured person or the injured person's representative to be liable for damages arising from the injuries for which the person received health care.  If a health care provider other than a hospital or ambulance service does not record the claim, lien or assignment as provided in this section, the claim, lien or assignment is invalid and may not be enforced by the cause of action provided in section 33-934. If a hospital records such a claim or lien, the recording shall be notice to all persons, firms or corporations liable for damages, whether or not they are named in the claim or lien.

D. A hospital or ambulance service lien that is not recorded within the time prescribed by this section is effective against any settlement or judgment for damages if the lien is recorded thirty days before the settlement is agreed to or the judgment is paid except if the lien is recorded in a county where liens are accessible on the internet, the lien is effective if the lien is accessible on the internet thirty days or more before the settlement is agreed to or the judgment is paid.  If the lien is not recorded or is not accessible on the internet as provided in this section, the lien is invalid and may not be enforced by the cause of action provided in section 33-934.
A.R.S. § 33-237 — Arizona Code / Title 33 / Chapter 2 / Article 2 / Section 237
33-237 Effect of posthumous children upon limitations
Status: in_force

33-237. Effect of posthumous children upon limitations

A. When a future estate is limited to heirs, issue or children, posthumous children shall take as if born before the death of the parent.

B. A future estate contingent upon the death of a person without heirs, issue or children is defeated by birth of a posthumous child of such person, capable of taking by descent.
A.R.S. § 33-513 — Arizona Code / Title 33 / Chapter 4 / Article 6 / Section 513
33-513 Action to correct certificate of acknowledgment
Status: in_force

33-513. Action to correct certificate of acknowledgment

When an acknowledgment is properly made, but defectively certified, any party interested may bring an action in the superior court to obtain a judgment correcting the certificate.
A.R.S. § 33-1220 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1220
33-1220 Exercise of development rights
Status: reserved

33-1220. Exercise of development rights

A. To exercise a development right the declarant shall prepare, execute and record an amendment to the declaration which shall include a new plat conforming to the requirements of section 33-1219, subsections A and B, if the previously recorded plat does not show the boundaries of the parcel or parcels as to which the development right is exercised. The amendment to the declaration shall assign an identifying number to each new unit created and, except in the case of subdivision or conversion of units described in subsection C of this section, reallocate the allocated interests among all units. The amendment shall describe any common elements and any limited common elements created and, in the case of limited common elements, designate the unit to which each is allocated as required by section 33-1218.

B. Development rights may be reserved within any real estate added to the condominium if the amendment adding that real estate includes all matters required by section 33-1215 or 33-1216, whichever is applicable, and the plat includes all matters required by section 33-1219. This subsection does not extend any time limit on the exercise of development rights imposed by the declaration pursuant to section 33-1215, subsection A, paragraph 6.

C. Whenever a declarant exercises a development right to subdivide or convert a unit previously created into additional units or common elements, or both:

1. If the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain.

2. If the declarant subdivides the unit into two or more units, whether any part of the unit is converted into common elements, the amendment to the declaration shall reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.

D. If the declaration provides that all or a portion of the real estate is subject to the development right of withdrawal:

1. If all the real estate is subject to withdrawal and the declaration does not describe separate portions of the real estate subject to that right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser without the written consent of all unit owners in the condominium and any mortgagees or beneficiaries of deeds of trust or sellers under a contract, as defined in section 33-741, for conveyance of real property encumbering the units.

2. If a portion or portions are subject to withdrawal, a portion shall not be withdrawn after a unit in that portion has been conveyed to a purchaser without the written consent of all unit owners in the condominium and any mortgagees or beneficiaries of deeds of trust or sellers under contract, as defined in section 33-741, for conveyance of real property encumbering the units.

E. No development right shall be exercised in any manner which would eliminate or materially reduce in size any tennis court, swimming pool, clubhouse or other recreational facility which is part of the common elements and which was specified in the public report issued on the condominium by the commissioner of the state real estate department, unless the exercise of the development right is approved by an affirmative vote of the unit owners to which at least eighty per cent of the votes in the association are allocated.
A.R.S. § 33-952 — Arizona Code / Title 33 / Chapter 7 / Article 4 / Section 952
33-952 Sale of property; notice
Status: in_force

33-952. Sale of property; notice

A. When baggage or other property comes into the possession of a person entitled to a lien as provided by section 33-951 and remains unclaimed, or the charges remain unpaid for a period of four months, the person may proceed to sell the baggage or property at public auction, and from the proceeds retain the charges, storage and expense of advertising the sale.

B. The sale shall not be made until the expiration of four weeks from the first publication of notice of the sale, published in a newspaper once a week for four consecutive weeks. The notice shall contain a description of each piece of property, the name of the owner, if known, the name of the person holding the property, and the time and place of sale.  If the indebtedness does not exceed sixty dollars, the notice may be given by posting at not less than three public places located at the place where the hotel, inn, boarding house, lodging house, apartment house or auto camp is located.

C. Any balance from the sale not claimed by the rightful owner within one month from the day of the sale shall be paid into the treasury of the county in which the sale took place, and if not claimed by the owner within one year thereafter, the money shall be paid into the general fund of the county.
A.R.S. § 33-1215 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1215
33-1215 Contents of declaration
Status: in_force

33-1215. Contents of declaration

A. The declaration shall contain:

1. The name of the condominium, which shall include the word "condominium" or be followed by the words "a condominium", and the name of the association.

2. The name of every county in which any portion of the condominium is located.

3. A legal description of the real estate included in the condominium.

4. A description of the boundaries of each unit created by the declaration, including each unit's identifying number.

5. A description of any limited common elements, other than those specified in section 33-1212, paragraphs 2 and 4, but the declaration shall contain a description of any porches, balconies, patios and entryways, if any, as provided in section 33-1219, subsection B, paragraph 11.

6. A description of any development rights and other special declarant rights, together with a legal description of the real estate to which each of those rights applies, any time limit within which each of those rights must be exercised and any other conditions or limitations under which the rights described in this paragraph may be exercised or will lapse.

7. An allocation to each unit of the allocated interests in the manner described in section 33-1217.

8. Any restrictions on use, occupancy and alienation of the units.

9. All matters required by sections 33-1216, 33-1217, 33-1218, 33-1219 and 33-1226 and section 33-1243, subsection E.

10. A statement that the assessment obligation of the unit owner under section 33-1255 is secured by a lien on the owner's unit in favor of the association pursuant to section 33-1256.

11. If the condominium is a conversion from multifamily rental to condominiums, a statement containing all of the following:

(a) A statement that the property is a conversion from multifamily rental to condominiums.

(b) The date original construction was completed.

(c) The name and address of the original owner, builder, developer and general contractor as shown on the applicable city, town or county building permit.

(d) The name and address of each subsequent owner as determined by a search of the county recorder's records in the county in which the property is located.

(e) The subdivider's agreement to provide the following information on request:

(i) The name and address of any builder, developer, general contractor, subcontractor, architect and engineer who designed or made improvements to the property immediately before the first condominium was sold.

(ii) A specific description of all improvements made.

B. If a city, town or county is unable to produce a building permit as required in subsection A, paragraph 11, subdivision (c) of this section, the subdivider shall submit a letter from the applicable city, town or county stating that the information required by subsection A, paragraph 11, subdivision (c) of this section is not available.

C. The declaration may contain any other matters the declarant deems appropriate.
A.R.S. § 33-323 — Arizona Code / Title 33 / Chapter 3 / Article 2 / Section 323
33-323 Liability of person in possession of land for rent due thereon
Status: in_force

33-323. Liability of person in possession of land for rent due thereon

Every person in possession of land out of which rent is due is liable for the amount or proportion of rent due from the lands in his possession, although it is only a part of the land originally demised, without depriving the landlord of other legal remedies for recovery of rent.
A.R.S. § 33-1204 — Arizona Code / Title 33 / Chapter 9 / Article 1 / Section 1204
33-1204 Separate titles and taxation
Status: in_force

33-1204. Separate titles and taxation

A. If there is a unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate.

B. Except as provided in subsection C, if there is a unit owner other than a declarant, each unit shall be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements.

C. Any portion of the common elements which the declarant reserves the right to withdraw from the condominium shall be separately taxed and assessed against the declarant and the declarant alone is liable for payment of those taxes, as long as the declarant retains this right to withdraw.

D. If there is no unit owner other than a declarant, the real estate comprising the condominium shall be taxed and assessed as a single parcel.
A.R.S. § 33-324 — Arizona Code / Title 33 / Chapter 3 / Article 2 / Section 324
33-324 Denial of landlord's title by lessee in possession prohibited
Status: in_force

33-324. Denial of landlord's title by lessee in possession prohibited

When a person enters into possession of real property under a lease, he may not, while in possession, deny the title of his landlord in an action brought upon the lease by the landlord or a person claiming under him.
A.R.S. § 33-434 — Arizona Code / Title 33 / Chapter 4 / Article 3 / Section 434
33-434 Covenants between purchaser and seller
Status: in_force

33-434. Covenants between purchaser and seller

No person shall be obliged to insert the covenant of warranty, or restrained from inserting any clause in a conveyance which is deemed proper and advisable by the purchaser and seller, and forms not contravening laws of the land shall not be invalidated.
A.R.S. § 33-1102 — Arizona Code / Title 33 / Chapter 8 / Article 1 / Section 1102
33-1102 Exemption by operation of law; designation of multiple properties on creditor's request; recording
Status: in_force

33-1102. Exemption by operation of law; designation of multiple properties on creditor's request; recording

A. A person who is entitled to a homestead exemption as prescribed by section 33-1101 holds that exemption by operation of law and no written claim or recording is required. If a person has more than one property interest to which a homestead exemption may reasonably apply, a creditor may require the person to designate which property, if any, is protected by the homestead exemption. The creditor shall demand the designation by sending a letter by certified mail, return receipt requested, to each address of the person which may reasonably be protected by the homestead exemption. The person shall designate the property by recording a homestead exemption in the office of the county recorder where the property is located or by sending the creditor a certified letter, return receipt requested, within thirty days of receiving the creditor's demand letter. If the person receives the creditor's letter and fails to respond as provided by this subsection, the person may only assert the homestead exemption by recording a claim in the office of the county recorder where the property is located.

B. If the person is married, the homestead may be selected from the community property, the joint property or the separate property of the person.
A.R.S. § 33-1379 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1379
33-1379 Eviction action; dismissal; sealed records
Status: in_force

33-1379. Eviction action; dismissal; sealed records

A. In any action for eviction pursuant to section 33-1368 or 33-1377 or pursuant to a forcible entry and detainer action, on the court entering an order that dismisses the action for eviction prior to entry of a judgment or that enters judgment in favor of the tenant, the court shall issue an order sealing all records related to the case.

B. The court shall also order the sealing of an eviction case on the filing of a written stipulation by the landlord and the tenant to set aside the order of eviction and seal the eviction case court file.

C. If the records in an eviction case court file are sealed, the tenant's case records shall only be made available to the following:

1. The person whose records are sealed and any party or any attorney who has made an appearance in the case where records are sealed.

2. The court, except that the tenant's sealed eviction case may not be sold or released as a part of a bulk or individual records transfer to a third party.

3. The clerk of the court or any department that is responsible for maintaining records, except that the tenant's sealed eviction case may not be sold or released as a part of a bulk or individual records transfer to a third party.

D. This section applies to all records relating to an action for summary eviction, a forcible entry and detainer action or a special detainer action that are maintained by the court, including the complaint and any other pleadings, proof of service, any findings and orders of the court and all other papers, records, proceedings and evidence, including exhibits and transcript of the testimony.