A.R.S. § 33-1318 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1318
33-1318 Early termination by tenant; domestic violence; sexual assault; requirements; lock replacement; access refusal; treble damages; immunity
Status: in_force

33-1318. Early termination by tenant; domestic violence; sexual assault; requirements; lock replacement; access refusal; treble damages; immunity

A. A tenant may terminate a rental agreement pursuant to this section if the tenant provides to the landlord written notice pursuant to this section that the tenant is the victim of domestic violence as defined in section 13-3601 or was the victim, in the tenant's dwelling, of sexual assault pursuant to section 13-1406.  The tenant's rights and obligations under the rental agreement are terminated and the tenant shall vacate the dwelling and avoid liability for future rent and shall not incur early termination penalties or fees if the tenant provides to the landlord a written notice requesting release from the rental agreement with a mutually agreed on release date within the next thirty days, accompanied by any one of the following:

1. A copy of any protective order issued pursuant to section 13-3602 to a tenant who is a victim of domestic violence or sexual assault.  A landlord may also request a receipt or signed statement that the order of protection has been submitted to an authorized officer of a court for service.

2. A copy of a written departmental report from a law enforcement agency that states that the tenant notified the law enforcement agency that the tenant was a victim of domestic violence or sexual assault.

B. A landlord may request from the victim the name and address of the person named in an order of protection or a departmental report pursuant to subsection A of this section, in writing, if known by the victim.

C. The tenant may terminate the rental agreement pursuant to this section only if the actions, events or circumstances that resulted in the tenant being a victim of domestic violence as defined in section 13-3601 or sexual assault pursuant to section 13-1406 occurred within the thirty-day period immediately preceding the written notice of termination to the landlord, unless waived by the landlord.

D. If the tenant terminates the rental agreement as prescribed by this section and if the tenant is solely or jointly liable on the rental agreement, the tenant is liable only for rent owed or paid through the date of the lease termination plus any previous obligations outstanding on that date.  The amount due from the tenant shall be paid to the landlord on or before the date the tenant vacates the dwelling.  If the tenant has prepaid rent that would apply for the month in which the lease is terminated, the landlord may retain the prepaid rent and no refund is due to the tenant. If the tenant has paid a security deposit pursuant to section 33-1321, the landlord shall not withhold the security deposit for the early termination of the lease if the tenant meets the requirements prescribed by subsection A of this section, but may withhold the security deposit for payment of damages that the landlord suffered by reason of the tenant's noncompliance with section 33-1341.

E. A tenant who is a victim of domestic violence or sexual assault may require the landlord to install a new lock to the tenant's dwelling if the tenant pays for the cost of installing the new lock. A landlord may comply with this requirement by doing either of the following:

1. Rekeying the lock if the lock is in good working condition.

2. Replacing the entire locking mechanism with a locking mechanism of equal or better quality than the lock being replaced.

F. A landlord who installs a new lock at the tenant's request may retain a copy of the key that opens the new lock. Notwithstanding any provision in the rental agreement, the landlord may refuse to provide a key that opens the new lock to the person named in an order of protection or a departmental report pursuant to subsection A of this section.

G. A landlord shall refuse to provide access to the dwelling to reclaim property to any tenant if the tenant is the person named in an order of protection or a departmental report pursuant to subsection A of this section who has been served with an order of protection naming that tenant as the defendant and the landlord has received a copy of the order of protection, unless a law enforcement officer escorts the tenant into and out of the dwelling.

H. A tenant who terminates a lease pursuant to this section and who is convicted of falsely filing a departmental report or order of protection for domestic violence or sexual assault is liable to the landlord for treble damages for premature termination of the lease.

I. A person named in an order of protection or a departmental report pursuant to subsection A of this section who provokes an early lease termination under this section is deemed to have interfered with the residential rental agreement between the landlord and tenant regardless of whether the person named in an order of protection or a departmental report pursuant to subsection A of this section is a party to the rental agreement, and the person named in an order of protection or a departmental report pursuant to subsection A of this section may be civilly liable for all economic losses incurred by a landlord for the domestic violence or sexual assault early lease termination.  This civil liability includes unpaid rent, early lease termination fees, costs to repair damage to the premises and any reductions or waivers of rent previously granted to the tenant who was the victim of domestic violence or sexual assault.

J. If there are multiple tenants who are parties to a rental agreement that has been terminated under this section, the tenancy for those tenants also terminates.  The tenants who are not the victims of domestic violence or sexual assault, excluding the person named in an order of protection or a departmental report pursuant to subsection A of this section that caused the termination of the lease pursuant to this section, may be released from any financial obligations due under the previously existing rental agreement and the remaining tenants may be allowed to enter into a new lease with the landlord if the tenants meet all current application requirements.

K. An emergency order of protection or a protective order that is issued to a resident of a rental property automatically applies to the entire residential rental property in which the tenant has a rental agreement.

L. This section does not limit a landlord's right to terminate a lease pursuant to section 33-1368 against the victim for actions unrelated to the act of domestic violence or sexual assault.

M. A landlord is not liable for any actions taken in good faith pursuant to this section.
A.R.S. § 33-1817 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1817
33-1817 Declaration amendment; design, architectural committees; review
Status: in_force

33-1817. Declaration amendment; design, architectural committees; review

A. Except during the period of declarant control, or if during the period of declarant control with the written consent of the declarant in each instance, the following apply to an amendment to a declaration:

1. The declaration may be amended by the association, if any, or, if there is no association or board, the owners of the property that is subject to the declaration, by an affirmative vote or written consent of the number of owners or eligible voters specified in the declaration, including the assent of any individuals or entities that are specified in the declaration.

2. An amendment to a declaration may apply to fewer than all of the lots or less than all of the property that is bound by the declaration and an amendment is deemed to conform to the general design and plan of the community, if both of the following apply:

(a) The amendment receives the affirmative vote or written consent of the number of owners or eligible voters specified in the declaration, including the assent of any individuals or entities that are specified in the declaration.

(b) The amendment receives the affirmative vote or written consent of all of the owners of the lots or property to which the amendment applies.

3. Within thirty days after the adoption of any amendment pursuant to this section, the association or, if there is no association or board, an owner that is authorized by the affirmative vote on or the written consent to the amendment shall prepare, execute and record a written instrument setting forth the amendment.

4. Notwithstanding any provision in the declaration that provides for periodic renewal of the declaration, an amendment to the declaration is effective immediately on recordation of the instrument in the county in which the property is located.

B. Notwithstanding any provision in the community documents:

1. Membership on a design review committee, an architectural committee or a committee that performs similar functions, however denominated, for the planned community shall include at least one member of the board of directors who shall serve as chairperson of the committee.

2. For new construction of the main residential structure on a lot or for rebuilds of the main residential structure on a lot and only in a planned community that has enacted design guidelines, architectural guidelines or other similar rules, however denominated, and if the association documents permit the association to charge the member a security deposit and the association requires the member to pay a security deposit to secure completion of the member's construction project or compliance with approved plans, all of the following apply:

(a) The deposit shall be placed in a trust account with the following instructions:

(i) The cost of the trust account shall be shared equally between the association and the member.

(ii) If the construction project is abandoned, the board of directors may determine the appropriate use of any deposit monies.

(iii) Any interest earned on the refundable security deposit shall become part of the security deposit.

(b) The association or the design review committee must hold a final design approval meeting for the purpose of issuing approval of the plans, and the member or member's agent must have the opportunity to attend the meeting. If the plans are approved, the association's design review representative shall provide written acknowledgement that the approved plans, including any approved amendments, are in compliance with all rules and guidelines in effect at the time of the approval and that the refund of the deposit requires that construction be completed in accordance with those approved plans.

(c) The association must provide for at least two on-site formal reviews during construction for the purpose of determining compliance with the approved plans. The member or member's agent shall be provided the opportunity to attend both formal reviews.  Within five business days after the formal reviews, the association shall cause a written report to be provided to the member or member's agent specifying any deficiencies, violations or unapproved variations from the approved plans, as amended, that have come to the attention of the association.

(d) Within thirty business days after the second formal review, the association shall provide to the member a copy of the written report specifying any deficiencies, violations or unapproved variations from the approved plans, as amended, that have come to the attention of the association.  If the written report does not specify any deficiencies, violations or unapproved variations from the approved plans, as amended, that have come to the attention of the association, the association shall promptly release the deposit monies to the member. If the report identifies any deficiencies, violations or unapproved variations from the approved plans, as amended, the association may hold the deposit for one hundred eighty days or until receipt of a subsequent report of construction compliance, whichever is less. If a report of construction compliance is received before the one hundred eightieth day, the association shall promptly release the deposit monies to the member.  If a compliance report is not received within one hundred eighty days, the association shall release the deposit monies promptly from the trust account to the association.

(e) Neither the approval of the plans nor the approval of the actual construction by the association or the design review committee shall constitute a representation or warranty that the plans or construction comply with applicable governmental requirements or applicable engineering, design or safety standards. The association in its discretion may release all or any part of the deposit to the member before receiving a compliance report. Release of the deposit to the member does not constitute a representation or warranty from the association that the construction complies with the approved plans.

3. Approval of a construction project's architectural designs, plans and amendments shall not unreasonably be withheld.
A.R.S. § 33-436 — Arizona Code / Title 33 / Chapter 4 / Article 3 / Section 436
33-436 Effect of insubstantial conditions in conveyance
Status: in_force

33-436. Effect of insubstantial conditions in conveyance

When a condition annexed to a grant or conveyance of land is merely nominal and without actual and substantial benefit to the party to whom or in whose favor it is to be performed, it may be wholly disregarded, and a failure to perform the condition shall not forfeit the lands conveyed subject thereto.
A.R.S. § 33-2123 — Arizona Code / Title 33 / Chapter 19 / Article 2 / Section 2123
33-2123 Landlord to maintain fit premises
Status: in_force

33-2123. Landlord to maintain fit premises

The landlord shall:

1. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.

2. Comply with all applicable provisions of city, county and state codes materially affecting health and safety.
A.R.S. § 33-451 — Arizona Code / Title 33 / Chapter 4 / Article 4 / Section 451
33-451 Conveyance of separate property
Status: in_force

33-451. Conveyance of separate property

Married persons of the age of eighteen years or more may convey their separate property without being joined by the spouse in the conveyance.
A.R.S. § 33-1438 — Arizona Code / Title 33 / Chapter 11 / Article 2 / Section 1438
33-1438 Transfer of records; sale of park
Status: in_force

33-1438. Transfer of records; sale of park

On the sale or other transfer of a mobile home park, the landlord shall deliver to the buyer or other transferee all available plans, drawings and records pertaining to the location of all underground facilities in the parks, all plans, drawings, surveys and plats of the park, all records pertaining to tenant security deposits and complete files for each tenant of the park at closing containing rental agreements and all other documents and disclosures required by this chapter that are in the possession of the landlord.  A landlord who fails to deliver reasonably accurate and maintained installation records of active, inactive and abandoned underground facilities installed after December 31, 2006 is liable for all damages proximately caused by the failure, including all expenses incurred by successor landlords to create the installation records.
A.R.S. § 33-403 — Arizona Code / Title 33 / Chapter 4 / Article 1 / Section 403
33-403 Easement description; validity
Status: reserved

33-403. Easement description; validity

Notwithstanding any other provision of law, the description of easements and rights-of-way for public service corporation, telecommunications corporation or cable television system purposes reserved or conveyed in a conveyance document or other instrument executed prior to September 15, 1982 is not void for lack of a sufficient description of the course or width of the easement if the servient estate which is subject to the easement or right-of-way is sufficiently described.
A.R.S. § 33-2143 — Arizona Code / Title 33 / Chapter 19 / Article 4 / Section 2143
33-2143 Termination or nonrenewal of rental agreement by landlord; noncompliance with rental agreement by tenant; failure to pay rent; notice; damages; definition
Status: in_force

33-2143. Termination or nonrenewal of rental agreement by landlord; noncompliance with rental agreement by tenant; failure to pay rent; notice; damages; definition

A. Except as provided in subsection F of this section, the landlord shall specify the reason or reasons for the termination or nonrenewal of any tenancy subject to this chapter.  The reason or reasons relied on for the termination or nonrenewal shall be stated in writing with specific facts, so that the date, place and circumstances concerning the reason or reasons for termination or nonrenewal can be determined.  Reference to or recital of the language of this chapter, or both, is not sufficient compliance with this subsection.

B. Except as provided in subsection F of this section, the landlord shall not terminate or refuse to renew a rental agreement without good cause.

C. The landlord's right to terminate or to refuse to renew a rental agreement pursuant to subsection B of this section does not arise until the landlord has complied with subsection D, E or F of this section.

D. Except as otherwise prohibited by law:

1. If there is a material noncompliance by the tenant with the rental agreement, the landlord shall 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 thirty days after receipt of the notice if the breach is not remedied in fourteen days.

2. If there is a noncompliance by the tenant 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 twenty days after receipt of the notice if the breach is not remedied in ten days.  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 does not terminate.

3. If there is a noncompliance by the tenant that is both material and irreparable, including an unlawful discharge of a weapon, prostitution as defined in section 13-3211, the unlawful manufacture, sale, use, storage, transfer or possession of a controlled substance as defined in section 13-3451, the infliction of serious bodily harm, assault as prescribed in section 13-1203 or any other action that involves imminent serious property damage, the landlord may deliver a written notice for immediate termination of the rental agreement and proceed in a special detainer action pursuant to section 33-1485.

4. If a tenant engages in repetitive conduct that is the subject of notices under this subsection, after two incidents of the same type documented by the landlord within a twelve month period or after receipt by the landlord of two written complaints from other tenants about the repetitive conduct within a twelve month period, the landlord may deliver a written notice to the tenant specifying the repetitive conduct and the documentation and advising the tenant that on documentation of the next incident of the same type final notice will be given and the rental agreement or tenancy will be terminated thirty days after the date of the notice.

5. If a tenant has been involved in three or more documented incidents of conduct of any type described in this section within a twelve month period, the landlord may deliver a written notice to the tenant specifying the conduct and the documentation and advising the tenant that on documentation of the next incident final notice will be given and the rental agreement or tenancy will be terminated thirty days after the date of the notice.

E. 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.  Before judgment in an action brought by the landlord under this subsection, the tenant may have the rental agreement reinstated by tendering the past due but unpaid periodic rent, reasonable attorney fees incurred by the landlord and court costs, if any.

F. Except for those recreational vehicles that are park trailers as prescribed in section 33-2102, a landlord may refuse to renew a rental agreement without good cause by serving written notice to the tenant at least ninety days before the end of the rental agreement.  In that event, the tenant must vacate the premises on or before the end of the rental agreement. For park trailers only, a landlord may refuse to renew or may terminate a rental agreement only with good cause.

G. For the purposes of this section, "good cause" means:

1. Noncompliance with any provision of the rental agreement.

2. Nonpayment of rent.

3. Clear and convincing evidence that a tenant has repeatedly violated this chapter and established a pattern of noncompliance with this chapter.

4. Change in use of land.
A.R.S. § 33-2208 — Arizona Code / Title 33 / Chapter 20 / Article 1 / Section 2208
33-2208 Association open meetings; exceptions; notices
Status: in_force

33-2208. Association open meetings; exceptions; notices

A. Notwithstanding any provision in the timeshare instrument to the contrary and except as provided in this section, after the period of developer control under section 33-2204, all meetings of the association and board are open to all members of the association and all members so desiring shall be permitted to attend and listen to the deliberations and proceedings. Meetings shall be conducted as provided in the timeshare instrument.  The board may close any portion of a meeting of the board if that portion of the meeting is limited to consideration of one or more of the following:

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

2. Pending or contemplated litigation.

3. Financial information about an individual member of the association, an individual employee of the association, an individual employee of the managing entity or an individual employee of a contractor for the association or managing entity.

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

B. A meeting of the members of the association shall be held at least once each year after the period of developer control under section 33-2204. Special meetings of the members of the association may be called by the president, by a majority of the board or by owners having at least twenty-five per cent of the votes in the association, or any lower percentage specified in the timeshare instrument. Unless otherwise provided in the timeshare instrument, not fewer than thirty nor more than ninety days in advance of any regular meeting of the owners, and not fewer than ten nor more than sixty days in advance of any special meeting of the owners, the association or managing entity shall cause notice of the meeting to be sent or provided to the mailing address of each owner on record with the association.  The notice of any meeting of the owners shall state the time and place of the meeting.  The notice of any special meeting of the owners shall also state the purpose for which the meeting is called.  Notices of meetings may be in the form of an annual or other list of upcoming meetings and need not be specific to one meeting.  The failure of any owner to receive actual notice of a meeting of the owners does not affect the validity of any action taken at that meeting.

C. Unless otherwise provided in the timeshare instrument, for meetings of the board of directors that are held after the termination of developer control of the association, at least ten days in advance of any meeting of the board, the association or managing entity shall cause notice of the meeting to be sent to the mailing address of each owner on record with the association.  Notice to owners of meetings of the board is not required if emergency circumstances require action by the board before notice can be given.  Any notice of a board meeting shall state the time and place of the meeting.  Notices of meetings may be in the form of an annual or other list of upcoming meetings and need not be specific to one meeting.  The failure of any owner to receive actual notice of a meeting of the board does not affect the validity of any action taken at that meeting.

D. Notices may be in newsletters or similar mailings.  Mailing shall occur by prepaid United States mail or electronic mail for those owners who have provided electronic mail addresses or any other reasonable method selected by the board.  An affidavit of notice by an officer of the association or by the managing entity is prima facie evidence that notice was given as prescribed by this section.
A.R.S. § 33-2133 — Arizona Code / Title 33 / Chapter 19 / Article 3 / Section 2133
33-2133 Access
Status: in_force

33-2133. Access

Unless provided in a written agreement, the landlord has no right of access to a tenant's recreational vehicle without the tenant's permission.
A.R.S. § 33-1332 — Arizona Code / Title 33 / Chapter 10 / Article 2 / Section 1332
33-1332 Rent reduction; burden of proof
Status: repealed

33-1332. Rent reduction; burden of proof

(Rpld. 1/1/27)

A. On or before January 1, 2025, the landlord of real property that is rented or leased for residential purposes and that is located in a city, town or other taxing jurisdiction that levies a transaction privilege tax on the business of renting or leasing real property for residential purposes shall no longer charge the tenant the amount of the repealed transaction privilege tax on the business of renting or leasing real property for residential purposes.

B. In any civil action challenging the lawfulness of a charge, assessment or other amount pursuant to this section, the landlord has the burden of proving by a preponderance of the evidence that the challenged charge, assessment or other amount is not attributable to and does not represent all or any portion of a city's, town's or other taxing jurisdiction's transaction privilege tax on the business of renting or leasing real property for residential purposes.
A.R.S. § 33-1130 — Arizona Code / Title 33 / Chapter 8 / Article 2 / Section 1130
33-1130 Tools and equipment used in a commercial activity, trade, business or profession
Status: in_force

33-1130. Tools and equipment used in a commercial activity, trade, business or profession

The following tools and equipment of a debtor used in a commercial activity, trade, business or profession shall be exempt from process:

1. The tools, equipment, instruments and books, including telephone numbers, client or customer contact information, or marketing tools, such as websites, domain names or any other intangible work product, in the possession of a debtor or the spouse of a debtor primarily used in, and necessary to carry on or develop, the commercial activity, trade, business or profession of the debtor or the debtor's spouse, not in excess of an aggregate fair market value of five thousand dollars. For the purpose of this paragraph, tools do not include a motor vehicle primarily used by a debtor for personal, family or household purposes such as transportation to and from the debtor's place of employment.

2. Farm machinery, utensils, implements of husbandry, feed, seed, grain and animals not in excess of an aggregate value of two thousand five hundred dollars belonging to a debtor whose primary income is derived from farming.

3. All arms, uniforms and accoutrements required by law to be kept by a debtor.
A.R.S. § 33-815 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 815
33-815 Method of indexing
Status: in_force

33-815. Method of indexing

Every trust deed, substitution of trustee, notice of resignation of trustee, request for notice, assignment of beneficial interest under a trust deed, notice of sale, cancellation of notice of sale or deed of release entitled to recordation under the provisions of this chapter shall be indexed in the same manner as mortgages, with the trustor indexed as mortgagor, and if the name of the beneficiary appears on the instrument being recorded, his name or that of his successor shall be indexed as mortgagee. If the name of the beneficiary does not appear on the instrument being recorded the name of the trustee, or his successor, shall be indexed as mortgagee.
A.R.S. § 33-275 — Arizona Code / Title 33 / Chapter 2 / Article 4 / Section 275
33-275 Application of other laws
Status: in_force

33-275. Application of other laws

A conservation easement created under this article:

1. Has the same rights as any other recorded interest in real property.

2. Is subject to all laws of this state pertaining to recording of interests in real property and laws relating to adverse possession.

3. Is subject to the acquisition of real property interests under the laws of this state governing eminent domain, except that the existence of a conservation easement shall not be considered an additional interest in real property for which compensation or damages may be awarded under the laws pertaining to eminent domain.
A.R.S. § 33-1341 — Arizona Code / Title 33 / Chapter 10 / Article 3 / Section 1341
33-1341 Tenant to maintain dwelling unit
Status: in_force

33-1341. Tenant to maintain dwelling unit

The tenant shall:

1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building codes materially affecting health and safety.

2. Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit.

3. Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner.

4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.

5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises.

6. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.

7. Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises.

8. Promptly notify the landlord in writing of any situation or occurrence that requires the landlord to provide maintenance or make repairs or otherwise requires the landlord to take action as prescribed in section 33-1324.
A.R.S. § 33-227 — Arizona Code / Title 33 / Chapter 2 / Article 2 / Section 227
33-227 Contingent remainder as conditional limitation
Status: in_force

33-227. Contingent remainder as conditional limitation

A. A remainder may be limited on a contingency which, if it should happen, will operate to abridge or determine the precedent estate. Such a remainder shall be construed a conditional limitation and shall have effect as such.

B. No future estate, otherwise valid, shall be void on the ground of the probability or improbability of the contingency upon which it is limited to take effect.
A.R.S. § 33-2614 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2614
33-2614 Engagement and compensation of professional
Status: in_force

33-2614. Engagement and compensation of professional

A. With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker or other professional to assist the receiver in performing a duty or exercising a power of the receiver.  The receiver shall disclose to the court:

1. The identity and qualifications of the professional.

2. The scope and nature of the proposed engagement.

3. Any potential conflict of interest.

4. The proposed compensation.

B. A person is not disqualified from engagement under this section solely because of the person's engagement by, representation of, or other relationship with the receiver, a creditor or a party. This chapter does not prevent the receiver from serving in the receivership as an attorney, accountant, auctioneer or broker when authorized by law.

C. A receiver or professional engaged under subsection A of this section shall file with the court an itemized statement of the time spent, work performed and billing rate of each person that performed the work and an itemized list of expenses. To the extent the receivership has sufficient assets, the receiver shall pay the amount approved by the court.
A.R.S. § 33-1211 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1211
33-1211 Creation of condominium
Status: in_force

33-1211. Creation of condominium

A condominium may only be created pursuant to this chapter by recording a declaration in the same manner as a deed in each county in which any portion of the condominium is located. The declaration shall be indexed in the name of the condominium, the name of the association and otherwise as required by law.
A.R.S. § 33-406 — Arizona Code / Title 33 / Chapter 4 / Article 1 / Section 406
33-406 Disclosure of transportation of water to property by motor vehicle or train; definition
Status: in_force

33-406. Disclosure of transportation of water to property by motor vehicle or train; definition

A. Notwithstanding section 33-411, subsection D, a subdivider who sells a lot that was included in a plat approved by the legislative body of a city or town pursuant to an exemption authorized by section 9-463.01, subsection K or by the board of supervisors of a county pursuant to an exemption authorized by section 11-823, subsection B, paragraph 1 shall record with the plat a document that contains a legal description of the land that is subject to the subdivision plat and that contains a statement that the lots are served by a water supply that has been determined as inadequate and that the water must be hauled to the lot.

B. For the purposes of this section, "subdivider" has the same meaning as prescribed in section 32-2101.
A.R.S. § 33-1126 — Arizona Code / Title 33 / Chapter 8 / Article 2 / Section 1126
33-1126 Money benefits or proceeds; exception
Status: in_force

33-1126. Money benefits or proceeds; exception

(Caution: 1998 Prop. 105 applies)

A. The following property of a debtor is exempt from execution, attachment or sale on any process issued from any court:

1. All money received by or payable to a surviving spouse or child on the life of a deceased spouse, parent or legal guardian, of not more than $20,000.

2. The earnings of the minor child of a debtor or the proceeds of these earnings by reason of any liability of the debtor not contracted for the special benefit of the minor child.

3. All monies received by or payable to a person entitled to receive child support or spousal maintenance pursuant to a court order.

4. All money, proceeds or benefits of any kind to be paid in a lump sum or to be rendered on a periodic or installment basis to the insured or any beneficiary under any policy of health, accident or disability insurance or any similar plan or program of benefits in use by any employer, except for premiums payable on the policy or debt of the insured secured by a pledge, and except for collection of any debt or obligation for which the insured or beneficiary has been paid under the plan or policy and except for payment of amounts ordered for support of a person from proceeds and benefits furnished in lieu of earnings that would have been subject to that order and subject to any exemption applicable to earnings so replaced.

5. All money arising from any claim for the destruction of, or damage to, exempt property and all proceeds or benefits of any kind arising from fire or other insurance on any property exempt under this article.

6. The cash surrender value of life insurance policies where for a continuous unexpired period of two years the policies have been owned by a debtor. The policy shall have named as beneficiary the debtor's surviving spouse, child, parent, brother or sister. The policy may have named as beneficiary any other family member who is a dependent, in the proportion that the policy names any such beneficiary, except that, subject to the statute of limitations, the amount of any premium that is recoverable or avoidable by a creditor pursuant to title 44, chapter 8, article 1, with interest on that amount, is not exempt.  The exemption provided by this paragraph does not apply to a claim for the payment of a debt of the insured or beneficiary that is secured by a pledge or assignment of the cash value of the insurance policy or the proceeds of the policy. For the purposes of this paragraph, "dependent" means a family member who is dependent on the insured debtor for not less than half support.

7. An annuity contract where for a continuous unexpired period of two years that contract has been owned by a debtor and has named as beneficiary the debtor, the debtor's surviving spouse, child, parent, brother or sister, or any other dependent family member, except that, subject to the statute of limitations, the amount of any premium, payment or deposit with respect to that contract is recoverable or avoidable by a creditor pursuant to title 44, chapter 8, article 1 is not exempt.  The exemption provided by this paragraph does not apply to a claim for a payment of a debt of the annuitant or beneficiary that is secured by a pledge or assignment of the contract or its proceeds.  For the purposes of this paragraph, "dependent" means a family member who is dependent on the debtor for not less than half support.

8. Any claim for damages recoverable by any person by reason of any levy on or sale under execution of that person's exempt personal property or by reason of the wrongful taking or detention of that property by any person, and the judgment recovered for damages.

9. A total of $5,000 held in a single account in any one financial institution as defined by section 6-101.  The property declared exempt by this paragraph is not exempt from normal service charges assessed against the account by the financial institution at which the account is carried. 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.

10. An interest in a college savings plan under section 529 of the internal revenue code of 1986, either as the owner or as the beneficiary.  This does not include money contributed to the plan within two years before a debtor files for bankruptcy.

11. All federal or state personal income tax credits from any federal or state earned income tax credits or federal or state child tax credits.  The amount of the exemption shall be the lesser of the total combined amount of federal and state tax refunds or the total combined amount of any federal or state earned income tax credits and any federal or state child tax credits claimed on the return.

B. Any money or other assets payable to a participant in or beneficiary of, or any interest of any participant or beneficiary in, a retirement plan under section 401(a), 403(a), 403(b), 408, 408A or 409 or a deferred compensation plan under section 457 of the United States internal revenue code of 1986, as amended, whether the beneficiary's interest arises by inheritance, designation, appointment or otherwise, is exempt from all claims of creditors of the beneficiary or participant.  This subsection does not apply to any of the following:

1. An alternate payee under a qualified domestic relations order, as defined in section 414(p) of the United States internal revenue code of 1986, as amended.  The interest of any and all alternate payees is exempt from any and all claims of any creditor of the alternate payee.

2. Amounts contributed within one hundred twenty days before a debtor files for bankruptcy.

3. The assets of bankruptcy proceedings filed before July 1, 1987.

C. Any person who is at least eighteen years of age, married or single, who resides within this state and who does not exercise the homestead exemption under article 1 of this chapter may claim as a personal property homestead exempt from all process prepaid rent, including security deposits as provided in section 33-1321, subsection A, for the claimant's residence, of not more than $2,000.

D. This section does not exempt property from orders that are the result of a judgment for arrearages of child support or for a child support debt.
A.R.S. § 33-714 — Arizona Code / Title 33 / Chapter 6 / Article 1 / Section 714
33-714 Expiration of mortgage and deed of trust; applicability
Status: in_force

33-714. Expiration of mortgage and deed of trust; applicability

A. The lien of any mortgage or deed of trust on any real property that is not otherwise satisfied or discharged expires at the later of the following times:

1. If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is ascertainable from the county recorder's records, ten years after that date.

2. If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is not ascertainable from the county recorder's records or if there is no final maturity date or last date fixed for payment of the debt or performance of the obligation, fifty years after the date the mortgage or deed of trust was recorded.

3. If a notice of intent to preserve mortgage or deed of trust is recorded within the time prescribed in paragraph 1 or 2, ten years after the date the notice is recorded.

B. The notice of intent to preserve mortgage or deed of trust shall be executed by the owner of the obligation secured by the mortgage or deed of trust and shall contain the instrument number or recorder's number of the mortgage or deed of trust.

C. Expiration of the lien of a mortgage or deed of trust pursuant to this section is equivalent for all purposes to a satisfaction, reconveyance, release or other discharge of the lien.

D. This section applies to all mortgages or deeds of trust whether created before or after the effective date of this section.
A.R.S. § 33-1435 — Arizona Code / Title 33 / Chapter 11 / Article 2 / Section 1435
33-1435 Limitation of liability
Status: in_force

33-1435. Limitation of liability

A. Unless otherwise agreed, a landlord who conveys premises that include a mobile home space subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring subsequent to written notice to the tenant of the conveyance. He remains liable to the tenant for any right of possession, property and money to which the tenant is entitled under section 33-1431.

B. Unless otherwise agreed, a manager of premises that include a mobile home space is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the termination of his management, except such notice shall not terminate any agreement or legal liability.
A.R.S. § 33-2609 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2609
33-2609 Security agreement covering after-acquired property
Status: in_force

33-2609. Security agreement covering after-acquired property

Except as otherwise provided by law, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.
A.R.S. § 33-1212 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1212
33-1212 Unit boundaries
Status: in_force

33-1212. Unit boundaries

Except as provided by the declaration:

1. If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces are a part of the unit, and all other portions of the walls, floors or ceilings are a part of the common elements.

2. If any chute, flue, duct, wire, conduit, bearing wall, bearing column or other fixture lies partially within and partially outside the designated boundaries of a unit, any portion serving only that unit is a limited common element allocated solely to that unit and any portion serving more than one unit or any portion of the common elements is a part of the common elements.

3. Subject to the provisions of paragraph 2, all spaces, interior partitions and other fixtures and improvements within the boundaries of a unit are a part of the unit.

4. Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, entryways or patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
A.R.S. § 33-742 — Arizona Code / Title 33 / Chapter 6 / Article 3 / Section 742
33-742 Forfeiture of interest of purchaser in default under contract
Status: in_force

33-742. Forfeiture of interest of purchaser in default under contract

A. If a purchaser is in default by failing to pay monies due under the contract, a seller may, after expiration of the applicable period stated in subsection D of this section and after serving the notice of election to forfeit stated in section 33-743, complete the forfeiture of the purchaser's interest in the property in the manner provided by section 33-744 or 33-745. If the contract provides that the seller may elect to accelerate the principal balance due under the contract to the seller on the purchaser's failure to pay the monies due, the seller may accelerate the principal balance due to the seller at any time after the purchaser has failed to pay the monies due under the contract. The acceleration may occur before or after the expiration of the applicable period stated in subsection D of this section and without serving the notice of election to forfeit stated in section 33-743. If the seller elects to accelerate the principal balance due to the seller, the seller may only foreclose the contract as a mortgage in the manner provided by section 33-748. If a purchaser is in default under the contract for reasons other than failing to pay monies due under the contract, the seller may only foreclose the contract as a mortgage in the manner provided by section 33-748.

B. The interest of a purchaser in any personal property included in a contract is subject to forfeiture or foreclosure in the same manner as the real property, except that forfeiture or foreclosure does not affect or impair the rights of a holder of a security interest whose interest in the personal property is not subordinate to that of the seller.

C. If a contract provides that time is of the essence, a waiver of that provision occurs only if the seller has accepted monies due under the contract in an amount which is less than the total monies due under the contract at the time of the acceptance. Receipt of any monies due under the contract by an account servicing agency does not constitute acceptance by the seller. A seller's delay in exercising any remedy granted either by the contract or by law does not constitute a waiver of a time is of the essence provision. If the time of the essence provision has been waived, the seller may reinstate the provision by serving a written notice on the purchaser and the account servicing agent, if one has been appointed, requiring strict performance of the purchaser's obligations to pay monies due under the contract. The notice shall be served, either by delivery in person or deposit in the United States mail, first class, postage prepaid, at least twenty days prior to the date on which the seller will require the purchaser to pay the monies due under the contract. A copy of the notice need not be recorded in the county in which the real property is located or served on any person other than the purchaser and the account servicing agent, if one has been appointed.

D. Forfeiture of the interest of a purchaser in the property for failure to pay monies due under the contract may be enforced only after expiration of the following periods after the date such monies were due:

1. If there has been paid less than twenty per cent of the purchase price, thirty days.

2. If there has been paid twenty per cent, or more, but less than thirty per cent of the purchase price, sixty days.

3. If there has been paid thirty per cent, or more, but less than fifty per cent of the purchase price, one hundred and twenty days.

4. If there has been paid fifty per cent, or more, of the purchase price, nine months.

E. For the purpose of computing the percentage of the purchase price paid under subsection D of this section, the total of only the following constitutes payments on the purchase price:

1. Down payments paid to the seller.

2. Principal payments paid to the seller on the contract.

3. Principal payments paid to other persons who hold liens or encumbrances on the property, the principal portion of which constitutes a portion of the purchase price, as stated under the contract.
A.R.S. § 33-1101 — Arizona Code / Title 33 / Chapter 8 / Article 1 / Section 1101
33-1101 Homestead exemptions; persons entitled to hold homesteads; annual adjustment
Status: in_force

33-1101. Homestead exemptions; persons entitled to hold homesteads; annual adjustment

(Caution: 1998 Prop. 105 applies)

A. Any person who is at least eighteen years of age, married or single, and who resides within this state may hold as a homestead exempt from attachment, execution and forced sale, not exceeding $400,000 in value, any one of the following:

1. The person's interest in real property in one compact body on which exists a dwelling house in which the person resides.

2. The person's interest in one condominium or cooperative in which the person resides.

3. A mobile home, park model trailer, motor home, travel trailer, fifth wheel trailer, houseboat, manufactured home or other form of shelter in which the person resides plus the land on which that shelter is located.

B. Only one homestead exemption may be held by a married couple or a single person under this section. The value as specified in this section refers to the equity of a single person or married couple. If a married couple lived together in a dwelling house, a condominium or cooperative or a form of shelter prescribed by subsection A, paragraph 3 of this section plus the land on which it is located and are then divorced, the total exemption that is allowed for that residence to either or both persons shall not exceed $400,000 in value.

C. The homestead exemption, not exceeding the value provided for in subsection A of this section, as adjusted by subsection D of this section, automatically attaches to the person's interest in identifiable cash proceeds from the voluntary or involuntary sale of the property. The homestead exemption in identifiable cash proceeds continues for eighteen months after the date of the sale of the property or until the person establishes a new homestead with the proceeds, whichever period is shorter. The homestead exemption does not attach to the person's interest in identifiable cash proceeds from refinancing the homestead property.  Only one homestead exemption at a time may be held by a person under this section.

D. The homestead exemption provided by this section 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.

E. For the purposes of determining the amount of equity in a homestead property that is sold or for determining whether the property owner is receiving cash back from refinancing the homestead property, the parties may rely on the valuation of the property in the final closing document disclosure that is used for that transaction.

F. For any case filed under title 11, United States Code, the amount of the debtor's homestead exemption initially shall be determined as of the date the bankruptcy petition is filed.  If the value in the homestead is less than or equal to the amount prescribed in subsection A of this section at the time of filing, including any increase prescribed by subsection D of this section, the homestead property is one hundred percent exempt and any increase in the value of the homestead during the pendency of the bankruptcy case is one hundred percent exempt without regard to whether the debtor's interest increases above the amount prescribed by subsection A of this section, including any increase prescribed by subsection D of this section.
A.R.S. § 33-422 — Arizona Code / Title 33 / Chapter 4 / Article 2 / Section 422
33-422 Land divisions; recording; disclosure affidavit
Status: in_force

33-422. Land divisions; recording; disclosure affidavit

A. A seller of five or fewer parcels of land, other than subdivided land, in an unincorporated area of a county and any subsequent seller of such a parcel shall complete and furnish a written affidavit of disclosure to the buyer at least seven days before the transfer of the property and the buyer shall acknowledge receipt of the affidavit.

B. The affidavit must be written in twelve-point type.

C. A release or waiver of a seller's liability arising out of any omission or misrepresentation contained in an affidavit of disclosure is not valid or binding on the buyer.

D. The buyer has the right to rescind the sales transaction for a period of five days after the affidavit of disclosure is furnished to the buyer.

E. The seller shall record the executed affidavit of disclosure at the same time that the deed is recorded. The county recorder is not required to verify the accuracy of any statement in the affidavit of disclosure. A subsequently recorded affidavit supersedes any previous affidavit.

F. The affidavit of disclosure shall contain all of the following disclosures, be completed by the seller, meet the requirements of section 11-480 and follow substantially the following form:

When recorded mail to:

__________________________

__________________________

__________________________

__________________________

Affidavit of Disclosure

Pursuant to A.R.S. § 33-422

I, ______________________________________________ (seller(s)) being duly sworn, hereby make this affidavit of disclosure relating to the real property situated in the unincorporated area of:

_______________________, County, State of Arizona, located at:

______________________________________________________________

and legally described as:

(Legal description attached hereto as exhibit "A")

(property).

1. There  ◻ is  ◻ is not . . . . legal access to the property, as defined in A.R.S. § 11-831 . . . . ◻ unknown

Explain: ____________________________________________________

______________________________________________________________

______________________________________________________________

2. There  ◻ is  ◻ is not . . . . physical access to the property. ◻ unknown

Explain: ____________________________________________________

______________________________________________________________

______________________________________________________________

3. There ◻ is  ◻ is not . . . . a statement from a licensed surveyor or engineer available stating whether the property has physical access that is traversable by a two-wheel drive passenger motor vehicle.

4. The legal and physical access to the property ◻ is  ◻ is not . . . . the same....◻ unknown  ◻ not applicable.

Explain: ____________________________________________________

______________________________________________________________

______________________________________________________________

If access to the parcel is not traversable by emergency vehicles, the county and emergency service providers may not be held liable for any damages resulting from the inability to traverse the access to provide needed services.

5. The road(s) is/are  ◻ publicly maintained  ◻ privately maintained   ◻ not maintained  ◻ not applicable. If applicable, there  ◻ is  ◻ is not . . . . a recorded road maintenance agreement.

If the roads are not publicly maintained, it is the responsibility of the property owner(s) to maintain the roads and roads that are not improved to county standards and accepted for maintenance are not the county's responsibility.

6. A portion or all of the property  ◻ is ◻ is not . . . . located in a FEMA designated regulatory floodplain. If the property is in a floodplain, it may be subject to floodplain regulation.

7. The property  ◻ is  ◻ is not subject to  ◻ fissures or  ◻ expansive soils.  ◻ unknown

Explain: ____________________________________________________

______________________________________________________________

______________________________________________________________

8. The following services are currently provided to the property: ◻ water  ◻ sewer  ◻ electric ◻ natural gas  ◻ single party telephone  ◻ cable television services.

9. The property ◻ is  ◻ is not . . . . served by a water supply that requires the transportation of water to the property. If the property is served by a water supply that requires the transportation of water to the property, the seller shall disclose the name and contact information of the water hauler or water hauling company that is currently providing the transportation services to the property and the name and location of the water supply from which the water is currently being transported.

Water hauler name: ______________       Phone:__________

Water supply: __________________      Location:_________

10. The property is served by  ◻ a private water company  ◻ a municipal water provider  ◻ a private well  ◻ a shared well ◻ no well. If served by a shared well, the shared well  ◻ is ◻ is not . . . . a public water system, as defined by the safe drinking water act (42 United States Code § 300f).

Notice to buyer: If the property is served by a well, a private water company or a municipal water provider the Arizona department of water resources may not have made a water supply determination. For more information about water supply, contact the water provider.

11. The property or the water used on the property ◻ is  ◻ is not the subject of a statement of claimant for the use of water in a general adjudication of water rights. ◻ unknown.

This is a lawsuit to determine the use of and relative priority of water rights. A map of adjudicated areas is available at the website of the department of water resources.

12. The property ◻ does have  ◻ does not have . . . . an on-site wastewater treatment facility (i.e., standard septic or alternative system to treat and dispose of wastewater). ◻ unknown. If applicable: a) The property ◻ will ◻ will not . . . . require installation of an on-site wastewater treatment facility; b) The on-site wastewater treatment facility ◻ has ◻ has not been inspected.

13. The property ◻ has been ◻ has not been . . . . subject to a percolation test. ◻ unknown.

14. The property ◻ does have  ◻ does not have one or more solar energy devices that are ◻ leased  ◻ owned.

If the solar energy devices are leased, the seller shall disclose the name and contact information of the leasing company.

Leasing company name: _______________ Phone: _______________

15. The property  ◻ does have  ◻ does not have one or more battery energy storage devices that are ◻ leased  ◻ owned.

If the battery energy storage devices are leased, the seller shall disclose the name and contact information of the leasing company.

Leasing company name: _________________  Phone: ____________

16. The property  ◻ does  ◻ does not . . . . meet the minimum applicable county zoning requirements of the applicable zoning designation.

17. The sale of the property ◻ does ◻ does not . . . meet the requirements of A.R.S. § 11-831 and § 32-2181 regarding land divisions. If those requirements are not met, the property owner may not be able to obtain a building permit. It is unlawful pursuant to § 11-831, subsection F and § 32-2181, subsection D for a person or group of persons to attempt to avoid the subdivision laws of this state by acting in concert to divide a parcel of land into six or more lots or parcels. The county where the land division occurred or the state real estate department may investigate and enforce the prohibition against acting in concert to unlawfully divide a parcel of land into six or more lots or parcels. The seller or property owner shall disclose each of the deficiencies to the buyer.

Explain: ____________________________________________________

______________________________________________________________

______________________________________________________________

18. The property  ◻ is  ◻ is not located in the clear zone of a military airport or ancillary military facility, as defined in A.R.S. § 28-8461. (Maps are available at the state real estate department's website.)

19. The property  ◻ is  ◻ is not located in the high noise or accident potential zone of a military airport or ancillary military facility, as defined in A.R.S. § 28-8461. (Maps are available at the state real estate department's website.)

20. Notice: If the property is located within the territory in the vicinity of a military airport or ancillary military facility, the property is required to comply with sound attenuation standards as prescribed by A.R.S. § 28-8482. (Maps are available at the state real estate department's website.)

21. The property ◻ is ◻ is not located under military restricted airspace. ◻ unknown. (Maps are available at the state real estate department's website.)

22. The property ◻ is ◻ is not located in a military electronics range as defined in A.R.S. § 9-500.28 and § 11-818. ◻ unknown. (Maps are available at the state real estate department's website.)

23. The property ◻ is ◻ is not located within the influence area of a military installation or range or Arizona national guard site as defined in sections 9-500.50 and 11-818.01 (Maps are available at the state real estate department website.)

24. Use of the property  ◻ is ◻ is not limited in any way relating to an encumbrance of title due to a lis pendens, a court order or a state real estate department order or a pending legal action. If the use of the property is limited due to an encumbrance of title, the seller or property owner shall disclose the limitations to the buyer.

Explain: ____________________________________________________

______________________________________________________________

______________________________________________________________

This affidavit of disclosure supersedes any previously recorded affidavit of disclosure.

I certify under penalty of perjury that the information contained in this affidavit is true, complete and correct according to my best belief and knowledge.

Dated this   (date) __ day of   (year)  by:

Seller's name (print): ______________ Signature: _____________

Seller's name (print): ______________ Signature: _____________

State of Arizona   )

)   ss.

County of _________)

Subscribed and sworn before me this _ (date) __ day of   (year)  , by ________________________________________.

__________________________

Notary public

My commission expires:

(date)

Buyer(s) hereby acknowledges receipt of a copy of this affidavit of disclosure this     (date)    day of    (year)

Buyer's name (print): _______________ Signature: _____________

Buyer's name (print): _______________ Signature: _____________

G. For the purposes of this section, seller and subsequent seller do not include a trustee of a deed of trust who is selling property by a trustee's sale pursuant to chapter 6.1 of this title or any officer who is selling property by execution sale pursuant to title 12, chapter 9 and chapter 6 of this title. If the seller is a trustee of a subdivision trust as defined in section 6-801, the disclosure affidavit required by this section shall be provided by the beneficiary of the subdivision trust.
A.R.S. § 33-1202 — Arizona Code / Title 33 / Chapter 9 / Article 1 / Section 1202
33-1202 Definitions
Status: reserved

33-1202. Definitions

In the condominium documents, unless specifically provided otherwise or the context otherwise requires, and in this chapter:

1. "Affiliate of a declarant" means any person who controls, is controlled by or is under common control with a declarant.

2. "Allocated interests" means the undivided interests in the common elements, the common expense liability and votes in the association allocated to each unit.

3. "Articles of incorporation" means the instrument by which an incorporated association or unit owners' association is formed and organized under this state's corporate statutes.

4. "Assessment" means the share of monies that is required for the payment of common expenses and that the association assesses periodically against each unit.

5. "Association" or "unit owners' association" means the unit owners' association organized under section 33-1241.

6. "Board of directors" means the body, regardless of its name, designated in the declaration and given general management powers to act on behalf of the association.

7. "Bylaws" means the bylaws required by section 33-1246.

8. "Common elements" means all portions of a condominium other than the units.

9. "Common expense liability" means the liability for common expenses allocated to each unit pursuant to section 33-1217 or 33-1255.

10. "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.

11. "Common expenses" means expenditures made by or financial liabilities of the association, together with any allocations to reserves.

12. "Condominium" means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

13. "Condominium documents" means the declaration, bylaws, articles of incorporation, if any, and rules, if any.

14. "Declarant" means any person or group of persons who reserves, is granted or succeeds to any special declarant right.

15. "Declaration" means any instruments, however denominated, that create a condominium and any amendments to those instruments.

16. "Development rights" means any right or combination of rights reserved by or granted to a declarant in the declaration to do any of the following:

(a) Add real estate to a condominium.

(b) Create easements, units, common elements or limited common elements within a condominium.

(c) Subdivide units, convert units into common elements or convert common elements into units.

(d) Withdraw real estate from a condominium.

(e) Make the condominium part of a larger condominium or planned community.

(f) Amend the declaration during any period of declarant control, pursuant to section 33-1243, subsection E, to comply with applicable law or to correct any error or inconsistency in the declaration, if the amendment does not adversely affect the rights of any unit owner.

(g) Amend the declaration during any period of declarant control, pursuant to section 33-1243, subsection E, to comply with the rules or guidelines, in effect from time to time, of any governmental or quasi-governmental entity or federal corporation guaranteeing or insuring mortgage loans or governing transactions involving mortgage instruments.

17. "Identifying number" means a symbol or address that identifies one unit in a condominium.

18. "Leasehold condominium" means a condominium in which all or a portion of the real estate is subject to a lease the expiration or termination of which will terminate the condominium or reduce its size.

19. "Limited common element" means a portion of the common elements specifically designated as a limited common element in the declaration and allocated by the declaration or by operation of section 33-1212, paragraph 2 or 4 for the exclusive use of one or more but fewer than all of the units.

20. "Person" means:

(a) A natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity.

(b) In the case of a subdivision trust, as defined in section 6-801, the beneficiary of the trust who holds the right to subdivide, develop or sell the real estate rather than the trust or trustee.

21. "Real estate":

(a) Means any legal, equitable, leasehold or other estate or interest in, over or under land, including structures, fixtures and other improvements and interests which by custom, usage or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance.

(b) Includes parcels with or without upper or lower boundaries and spaces that may be filled with air or water.

22. "Rules" means the provisions, if any, adopted pursuant to the declaration or bylaws governing maintenance and use of the units and common elements.

23. "Special declarant rights" means any right or combination of rights reserved by or granted to a declarant in the declaration to do any of the following:

(a) Construct improvements provided for in the declaration.

(b) Exercise any development right.

(c) Maintain sales offices, management offices, signs advertising the condominium, and models.

(d) Use easements through the common elements for the purpose of making improvements within the condominium or within real estate that may be added to the condominium.

(e) Appoint or remove any officer of the association or any board member during any period of declarant control.

24. "Unit" means a portion of the condominium designated for separate ownership or occupancy.

25. "Unit owner" means:

(a) A declarant or other person who owns a unit or, unless otherwise provided in the lease, a lessee of a unit in a leasehold condominium whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the condominium but does not include a person having an interest in a unit solely as security for an obligation.

(b) In the case of a contract for conveyance, as defined in section 33-741, of real property, the purchaser of the unit.

26. "Unit owner expenses":

(a) Means fees, charges, late charges and monetary penalties or interest that is imposed pursuant to section 33-1242, subsection A, paragraphs 10, 11 and 12.

(b) Does not include any amount that is included in a common expense lien.
A.R.S. § 33-1021 — Arizona Code / Title 33 / Chapter 7 / Article 7 / Section 1021
33-1021 Lien for labor or materials furnished on personal property; right to possess property
Status: in_force

33-1021. Lien for labor or materials furnished on personal property; right to possess property

When an article, implement, utensil or vehicle, except motor vehicles, is repaired or cleaned, glazed or washed, with labor, with or without material, by a carpenter, mechanic, artisan or other workman, such person shall have a lien thereon for the labor or material and may retain possession thereof until the amount due is fully paid.
A.R.S. § 33-990 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 990
33-990 Posting of "no lien" notice by owner not operating mine; violation; classification
Status: in_force

33-990. Posting of "no lien" notice by owner not operating mine; violation; classification

A. The provisions of section 33-989 shall not apply and the owner of a mine or mining claim shall not be responsible for any debts when the mine or claim is worked under lease, bond or option from the owner thereof, when the owner conspicuously posts at the collar of all working shafts, tunnels and entrances to the mine and boarding houses, on or before the day the lessee or those working the claim under bond, lease or option begin operations, and records in the office of the county recorder of the county within which the mine or mining claim is located within thirty days from the date of the lease, bond or option, a notice that:

1. The mine or claim is not being operated by the owner.

2. The owner will not be liable for labor performed or materials or merchandise furnished in the operation or development of the mine or mining claim.

3. The mine or claim will not be subject to a lien therefor, referring to the contract, and particularly describing the mine or claim.

B. The lessee or person operating the mine shall keep the notices posted, and upon failure to do so is guilty of a class 2 misdemeanor.
A.R.S. § 33-1701 — Arizona Code / Title 33 / Chapter 15 / Article 1 / Section 1701
33-1701 Definitions; exception
Status: in_force

33-1701. Definitions; exception

A. In this article, unless the context otherwise requires:

1. "Default" means the failure to perform on time any obligation or duty set forth in the rental agreement.

2. "Department" means the Arizona game and fish department in the case of motorized watercraft and the department of transportation in the case of all other vehicles.

3. "Email":

(a) Means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals.

(b) Includes electronic messages that are transmitted within or between computer networks from which a confirmation of receipt is received.

4. "Last known address" means that postal address or electronic address provided by the occupant in the rental agreement or the postal address or electronic address provided by the occupant in a subsequent written notice of a change of address.

5. "Late fee" means a reasonable fee or charge that is assessed by the operator for the failure of the occupant to pay rent when due pursuant to section 33-1703.

6. "Leased space" means the storage space or spaces at the self-service storage facility that are rented to an occupant pursuant to a rental agreement.

7. "Net proceeds" means the total proceeds received from the lien sale minus the total amount of the lien.

8. "Occupant" means a person or the person's sublessee, successor or assign that is entitled to use the leased space at a self-service storage facility under a rental agreement, to the exclusion of others.

9. "Operator" means the owner, operator, lessor or sublessor of a self-service storage facility, an agent or any other person authorized to manage the facility.

10. "Personal information" has the same meaning prescribed in section 18-551.

11. "Personal property":

(a) Means movable property that is not affixed to land.

(b) Includes goods, wares, merchandise, household items and furnishings and vehicles.

12. "Protected property" means personal property for which the sale or disposal is regulated by state or federal law and that is one of the following:

(a) Documents, files or electronic data that contain personal information relating to clients, customers, patients or others in connection with the occupant's business.

(b) Alcoholic beverages.

(c) Pharmaceuticals other than those dispensed by a licensed pharmacy for the occupant's personal use.

(d) Firearms.

13. "Registered owner" means an owner of a vehicle as stated in the official records of the department.

14. "Rental agreement" means any written agreement provided to the occupant that establishes or modifies the terms, conditions or rules concerning the use and occupancy of leased space at a self-service storage facility.

15. "Self-service storage facility" means any real property used for renting or leasing storage spaces in which the occupants themselves customarily store and remove their own personal property on a self-service basis.

16. "Vehicle" means a motor vehicle, a trailer or a semitrailer as defined in section 28-101 and a motorized watercraft as defined in section 5-301.

17. "Verified mail" means any method of mailing that is offered by the United States postal service and that provides evidence of mailing.

B. This article does not apply to a warehouseman unless the warehouseman issues a warehouse receipt, bill of lading or other document of title for the personal property stored.
A.R.S. § 33-998 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 998
33-998 Limitation of action to foreclose lien; attorney fees
Status: in_force

33-998. Limitation of action to foreclose lien; attorney fees

A. A lien granted under the provisions of this article shall not continue for a longer period than six months after it is recorded, unless action is brought within that period to enforce the lien and a notice of pendency of action is recorded pursuant to section 12-1191 in the office of the county recorder in the county where the property is located. If a lien claimant is made a party defendant to an action brought by another lien claimant, the filing within such period of six months of an answer or cross-claim asserting the lien shall be deemed the commencement of an action within the meaning of this section.

B. In any action to enforce a lien granted under this article, the court may award the successful party reasonable attorney fees.
A.R.S. § 33-1035 — Arizona Code / Title 33 / Chapter 7 / Article 8 / Section 1035
33-1035 Fees
Status: in_force

33-1035. Fees

The filing officer shall receive fees as provided by law and shall bill the district directors of internal revenue or other appropriate federal officials on a monthly basis for fees for documents filed or recorded by them.
A.R.S. § 33-302 — Arizona Code / Title 33 / Chapter 3 / Article 1 / Section 302
33-302 Maintenance of fireproof safe by innkeeper for deposit of valuables by guests; limitations on liability of innkeeper for loss of property of guests
Status: in_force

33-302. Maintenance of fireproof safe by innkeeper for deposit of valuables by guests; limitations on liability of innkeeper for loss of property of guests

A. An innkeeper who maintains a fireproof safe and gives notice by posting in a conspicuous place in the office or in the room of each guest that money, jewelry, documents and other articles of small size and unusual value may be deposited in the safe, is not liable for loss of or injury to any such article not deposited in the safe, which is not the result of his own act.

B. An innkeeper may refuse to receive for deposit from a guest articles exceeding a total value of five hundred dollars, and unless otherwise agreed to in writing shall not be liable in an amount in excess of five hundred dollars for loss of or damage to property deposited by a guest in such safe unless the loss or damage is the result of the fault or negligence of the innkeeper.

C. The innkeeper shall not be liable for loss of or damage to merchandise samples or merchandise for sale displayed by a guest unless the guest gives prior written notice to the innkeeper of having and displaying the merchandise or merchandise samples, and the innkeeper acknowledges receipt of such notice, but in no event shall liability for such loss or damage exceed five hundred dollars unless it results from the fault or negligence of the innkeeper.

D. The liability of an innkeeper to a guest shall be limited to one hundred dollars for property delivered to the innkeeper to be kept in a storeroom or baggage room and to seventy-five dollars for property deposited in a parcel or checkroom.

E. For the purpose of this section the term "inn" includes hotel, boarding house, lodging house, apartment house, motel and auto camp.
A.R.S. § 33-803 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 803
33-803 Trustee of trust deed; qualifications
Status: in_force

33-803. Trustee of trust deed; qualifications

A. Except as provided in subsection B, the trustee of a trust deed shall be:

1. An association or corporation doing business under the laws of this state as a bank, trust company, savings and loan association, credit union, insurance company, escrow agent or consumer lender.

2. A person who is a member of the state bar of Arizona.

3. A person who is a licensed real estate broker under the laws of this state.

4. A person who is a licensed insurance producer under the laws of this state.

5. An association or corporation that is licensed, chartered or regulated by the federal deposit insurance corporation, the comptroller of the currency, the federal home loan bank, the national credit union administration, the farm credit administration, the federal reserve board or any successors.

6. The parent corporation of any association or corporation referred to in this subsection or any corporation all the stock of which is owned by or held solely for the benefit of any such association or corporation referred to in this subsection.

B. An individual trustee of a trust deed who qualifies under subsection A shall not be the beneficiary of the trust, but such restriction shall not preclude a corporate or association trustee that qualifies under subsection A and while acting in good faith from being the beneficiary, or after appointment from acquiring the interest of the beneficiary by succession, conveyance, grant, descent or devise.

C. A trustee of a trust deed who qualifies under subsection A shall not lend or delegate the trustee's name or corporate capacity to any individual or entity that does not qualify as a trustee of a trust deed.  An individual, company, association or corporation shall not circumvent the requirements of subsection A by acting in concert with a nonqualifying trustee.
A.R.S. § 33-1705 — Arizona Code / Title 33 / Chapter 15 / Article 1 / Section 1705
33-1705 Notice posted in the office
Status: in_force

33-1705. Notice posted in the office

Each operator acting pursuant to this article shall at all times keep posted in a prominent place in the operator's office or on the premises of the self-service storage facility, a notice that reads as follows:

Articles stored pursuant to a rental agreement may be sold or disposed of if any storage charges are overdue for more than thirty days.
A.R.S. § 33-812 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 812
33-812 Disposition of proceeds of sale
Status: in_force

33-812. Disposition of proceeds of sale

A. The trustee shall apply the proceeds of the trustee's sale in the following order of priority:

1. To the costs and expenses of exercising the power of sale and the sale, including the payment of the trustee's fees and reasonable attorney fees actually incurred.

2. To the payment of the contract or contracts secured by the trust deed.

3. To the payment of all other obligations provided in or secured by the trust deed and actually paid by the beneficiary before the trustee's sale.

4. To any condominium association or planned community association as defined in chapter 9 or 16 of this title that had a subordinate lien as provided by law, even if the trustee intends to deposit the balance pursuant to subsection C of this section.  The trustee may pay an association's lien on receipt of a written claim and shall be discharged from any liability for any payment made in good faith.  The trustee may inquire as to the existence of a lien if there is a recorded declaration on the property without regard to whether a lien has been recorded.  Any person who is an applicant or respondent pursuant to subsection H of this section may require the condominium association or planned community association to prove its entitlement to any funds received from the trustee.  An association that demonstrates that the amount it received from the trustee was proper in all material respects is entitled to an award of its reasonable attorney fees and court costs against the applicant or respondent who contested the payment.  If the applicant or respondent against whom the association's award is entered is entitled to excess proceeds of the sale, the award of attorney fees and costs shall be payable from those excess proceeds.

5. To the junior lienholders or encumbrancers in order of their priority as they existed at the time of the sale.  After payment in full of all sums due to all junior lienholders and encumbrancers as of the date of the sale and excluding any postsale attorney fees, payment shall be made to the trustor, except that if the trustor has sold or transferred the property to another owner before the trustee's sale, payment shall be made to the person who is the owner of record at the time of the trustee's sale.

B. After application of the proceeds pursuant to subsection A, paragraphs 1, 2 and 3 of this section, if there are additional proceeds to be distributed, the trustee, within fifteen days of the completion of the trustee's sale, shall mail by first class mail and by certified or registered mail, postage prepaid, to all known addresses a notice of any excess proceeds to the trustor as of the date of the recording of the notice of sale. The trustee may deduct the costs of mailing the notice of excess proceeds from the additional proceeds.

C. In the trustee's discretion and instead of any one or more of the applications specified in subsection A of this section, the trustee may elect to deposit the balance of the proceeds with the county treasurer in the county in which the sale took place pending an order of the superior court in the county.  On deposit of the balance of the monies and after complying with subsection D of this section, the trustee shall be discharged from all responsibility for acts performed in good faith according to this chapter. The county treasurer shall reject any deposit that does not comply with subsection D of this section.

D. If the trustee elects to deposit the balance of the sale proceeds as prescribed by subsection C of this section, the trustee as plaintiff shall commence a civil action in the superior court in the county in which the sale occurred.  The action shall name the applicable county treasurer as the defendant, but the county treasurer has no obligation to respond to the complaint or appear in the action.  The trustee shall mail by certified or registered mail, with postage prepaid, a conformed copy of the complaint that displays the filing stamp of the court clerk to the county treasurer and all persons, other than the beneficiary, who are entitled to notice pursuant to section 33-809 and to any other person known by the trustee to have an interest of record in the property at the time of the sale. The conformed copy shall be mailed to all known addresses for those persons who are required to receive notice pursuant to this subsection.  The trustee shall incorporate in or attach to the complaint:

1. A copy of any one of the following:

(a) The trustee sale guarantee and all amendments or endorsements obtained by the trustee.

(b) The title search used by the trustee in connection with the trustee's sale of the subject property and all amendments or endorsements obtained by the trustee.

(c) A detailed description of the liens and encumbrances used by the trustee in connection with the trustee's sale of the property.

2. A copy of the list of the persons and each of the known addresses to which the complaint will be mailed.

3. A detailed description of any disbursements made by the trustee pursuant to this section.

4. A narrative description of the liens and encumbrances as shown in the trustee's sale guarantee, title report or detailed description, including an analysis of the apparent priority of potential claimants.  The trustee shall not be liable for any error in the narrative description or analysis.

E. The trustee may withhold from the proceeds of the sale a reasonable trustee's fee and reasonable attorney fees actually incurred and the costs of filing the complaint, depositing the proceeds and mailing the notices.

F. Upon filing the complaint and filing the subsequent certificate of mailing for the complaint with the certified mailing receipts of the addressees, the trustee as plaintiff is discharged without prejudice from the proceedings.

G. Any person with a recorded or other legal interest in the property at the time of the sale may apply for the release of the proceeds by filing an application for distribution in the civil action that was filed by the trustee pursuant to subsection D of this section.  The applicant shall mail postage prepaid by any form of mail that requires a signed and returned receipt a copy of the application to the county treasurer and all persons at each of the addresses named on the list of persons that is incorporated in or attached to the complaint and to any other address of the persons that is known to or ascertained by the applicant or the applicant's agent.  The mailing of the application to each interested party shall occur within three business days after the filing of the original application with the court. On return of the signed receipt or the undelivered or unclaimed original envelope, the applicant shall file with the court an affidavit that states that the application was mailed to the person and that the application was either:

1. Received, as evidenced by the receipt.  The applicant shall attach to the affidavit a copy of the receipt.

2. Not received, as evidenced by the returned envelope.  The applicant shall attach to the affidavit a copy of the original unopened and undelivered or unclaimed returned envelope.  If the returned envelope was marked with a new forwarding address, within ten business days after receipt of the original returned envelope the applicant shall:

(a) Send by certified mail a copy of the application to the new forwarding address.

(b) File a second affidavit of mailing with the court.

(c) Mail a copy of the second affidavit to all parties indicating that the application was mailed to the forwarding address.

(d) Continue service of the application pursuant to this paragraph until the original, unopened and undelivered envelope is returned without any forwarding address.

H. When mailing to all known addresses of a business or financial institution with an interest of record in the property, the trustee or applicant shall only be required to mail to the primary address of the business or financial institution as recorded with the corporation commission.

I. Any person who receives the application or who claims a right to the proceeds may file a response to the application within forty-five days of the latest mailing of the application.  The person filing a response shall mail a copy of the response to each applicant.  Within ten calendar days from the date the response is mailed, an applicant may file with the clerk and mail to each respondent a reply to the response.  On expiration of the time for filing a reply, an applicant shall provide the court with postage prepaid business envelopes that are addressed to all persons who are entitled to receive copies of the complaint pursuant to subsection D of this section. If an association with a claim is not paid by the trustee pursuant to subsection A, paragraph 4 of this section and is required to file an application or response pursuant to this subsection in order to recover proceeds, the association may request from the excess proceeds of the sale an award of its reasonable attorney fees and costs incurred.

J. Except as provided in subsection L of this section, the court shall issue an order to the county treasurer to release the proceeds deposited with the county treasurer to the party entitled to receive them after applying the priorities prescribed by subsection A of this section. On notice to all persons who have received a copy of the complaint or who have filed a responsive pleading, the court may, and if there are competing claims to the proceeds, the court shall, hold a hearing to determine entitlement to the proceeds.  Every applicant or respondent shall acknowledge the existence of any apparent lien, encumbrance or interest that could have priority over the applicant or respondent.  If the court finds that a person other than an applicant or respondent has a superior right to receive the proceeds, the court shall not issue an order on the proceeds until one hundred eighty days from the date the complaint was filed.  At any time before the expiration of the one hundred eighty day period, an applicant or respondent may move for a hearing to determine whether the claimed superior right is valid or enforceable and whether the claim is entitled to receive priority over the claim of the applicant or respondent. The motion shall set forth the specific facts and evidence that support the applicant's or respondent's position and shall be mailed to all persons who have received a copy of the complaint or filed a responsive pleading.  If a response is not filed within the one hundred eighty day period by the person found by the court to have a superior right to receive the proceeds, the court shall enter an order in favor of any applicant or respondent entitled to the proceeds.  On release of the proceeds, the county treasurer may assess and deduct from the proceeds a reasonable fee not to exceed one hundred dollars for the treasurer's costs associated with the civil action.

K. Within ninety days after completion of the sale, the trustee shall apply the proceeds of the sale pursuant to subsection A of this section or shall deposit the proceeds with the treasurer pursuant to subsection C of this section.  If the trustee fails to comply with this subsection, the trustee forfeits any entitlement to the fees and costs prescribed in subsection E of this section and shall pay interest at the rate provided for judgments pursuant to section 44-1201 from the date of completion of the sale until the trustee complies with this subsection.  Any person with a recorded or other legal interest in the property at the time of the sale may commence a civil action against the trustee for the trustee's failure to comply with this subsection. The court may award the prevailing party its reasonable attorney fees and costs incurred in that civil action.

L. Excess proceeds deposited with the county treasurer pursuant to subsection C of this section are presumed abandoned if the monies remain with the treasurer for at least two years from the date of deposit and there is no pending application for distribution.

M. Excess proceeds that are fifty dollars or less and that are presumed abandoned under this section shall be transferred to the county general fund.  No further application for distribution by any applicant or claim by the department of revenue may be made on these monies.

N. For all excess proceeds that are greater than fifty dollars and that are presumed abandoned under this section, the county treasurer shall submit a report to the department of revenue pursuant to section 44-307.  The county treasurer may assess and deduct from the proceeds a reasonable fee of not more than fifty dollars for the treasurer's costs associated with reporting each deposit.

O. The county treasurer shall be discharged from all claims and responsibility for acts performed in good faith pursuant to this chapter after remitting the presumed abandoned excess proceeds to the department of revenue pursuant to section 44-308.

P. A claimant may enter into an agreement with a third party to pay for the recovery of or for assistance in the recovery of excess proceeds on deposit with the county treasurer.  The agreement shall be in writing, signed by the claimant, and the claimant's signature shall be acknowledged by a notary public or other person authorized to accept an acknowledgment pursuant to section 33-511. Any agreement entered into before the expiration of thirty days after the date the trustee's sale was held, but not including the date of the sale, is void and unenforceable.  Any fee or payment provided for in an agreement shall be reasonable. The fee or payment shall be presumed to be unreasonable and the obligation to pay the fee or payment is unenforceable if the fee or payment agreed on exceeds two thousand five hundred dollars excluding attorney fees and the costs of filing the claim and providing the statutorily required notices.  Any person seeking a fee or payment exceeding two thousand five hundred dollars may apply to the court for additional compensation but the person has the burden of establishing that the additional compensation is reasonable under the circumstances. This subsection does not preclude a claimant from contesting the reasonableness of any fee or payment that is provided for in an agreement for the recovery of or for assistance in the recovery of excess proceeds.
A.R.S. § 33-1807 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1807
33-1807 Common expense liens; priority; mechanics' and materialmen's liens; notice
Status: in_force

33-1807. Common expense liens; priority; mechanics' and materialmen's liens; notice

A. The association has a common expense lien on a property for any assessment levied against that property from the time the assessment becomes due. The association's common expense lien may be foreclosed in the same manner as a mortgage on real estate but may be foreclosed only if the owner has been and remains delinquent in the payment of any assessment or portion of the assessment for a period of eighteen months or in the amount of $10,000 or more, whichever occurs first, as determined on the date the action is filed. The association board of directors shall exercise reasonable efforts to communicate with the member and offer a reasonable payment plan before filing a foreclosure action. If an assessment is payable in installments, the full amount of the assessment is a common expense lien from the time the first installment of the assessment becomes due.

B. Notwithstanding any provision in the community documents, member expenses are not enforceable as common expense liens under this section. The association has a judgment lien for member expenses after the entry of a judgment in a civil suit for those member expenses from a court of competent jurisdiction and the recording of that judgment in the office of the county recorder as otherwise provided by law. The association's judgment lien for member expenses may not be foreclosed and is effective only on conveyance of any interest in the real property.

C. A common expense lien under this section is prior to all other liens, interests and encumbrances on a property except:

1. Liens and encumbrances recorded before the recordation of the declaration.

2. A recorded first mortgage on the property, a seller's interest in a first contract for sale pursuant to chapter 6, article 3 of this title on the property recorded before the common expense lien arising pursuant to subsection A of this section or a recorded first deed of trust on the property.

3. Liens for real estate taxes and other governmental assessments or charges against the property.

D. Subsection C of this section does not affect the priority of mechanics' or materialmen's liens.  The common expense lien under this section is not subject to chapter 8 of this title.

E. Unless the declaration otherwise provides, if two or more associations have common expense liens created at any time on the same real estate those common expense liens have equal priority.

F. Recording the declaration constitutes record notice and perfection of the common expense lien. Further recordation of any claim of common expense lien under this section is not required.

G. A common expense lien is extinguished unless proceedings to enforce the common expense lien are instituted within six years after the full amount of the assessment becomes due.

H. This section does not prohibit:

1. Actions to recover amounts for which subsection A or B of this section creates a lien.

2. An association from taking a deed in lieu of foreclosure.

I. A judgment or decree in any action brought under this section may include costs and reasonable attorney fees for the prevailing party.

J. On written request, the association shall furnish to a lienholder, escrow agent, member or person designated by a member a statement setting forth the amount of any unpaid liens prescribed by subsection A or B of this section against the property. The association shall furnish the statement within ten days after receipt of the request.  The statement is binding on the association if the statement is requested by an escrow agency that is licensed pursuant to title 6, chapter 7. Failure to provide the statement to the escrow agent within the time provided for in this subsection extinguishes any lien for any unpaid assessment then due.

K. Notwithstanding any provision in the community documents or in any contract between the association and a management company or any other agent of the association, including any agreement or contract with any attorney, unless the member directs otherwise, all payments received on a member's account shall be applied first to any unpaid assessments, due but not delinquent assessments, unpaid charges for late payment of those assessments if authorized in the declaration, unpaid reasonable collection fees and costs incurred or applied by the association, and unpaid attorney fees and costs incurred with respect to those assessments if awarded by a court, in that order, with any remaining amounts applied next to other unpaid fees, charges and monetary penalties or interest and late charges on any of those amounts.

L. For a delinquent account for unpaid common expense liens, the association shall provide the following written notice to the member at the member's address as provided to the association at least thirty days before authorizing an attorney, or a collection agency that is not acting as the association's managing agent, to begin collection activity on behalf of the association:

Your account is delinquent.  If you do not bring your account current or make arrangements that are approved by the association to bring your account current within thirty days after the date of this notice, your account will be turned over for further collection proceedings. Such collection proceedings could include bringing a foreclosure action against your property.

The notice shall be in bold-faced type or all capital letters and shall include the contact information for the person that the member may contact to discuss payment. The notice shall be sent by certified mail, return receipt requested, and may be included within other correspondence sent to the member regarding the member's delinquent account.

M. Except for planned communities that have fewer than fifty lots and that do not contract with a third party to perform management services on behalf of the association, the association shall provide a statement of account in lieu of a periodic payment book to the member with the same frequency that assessments are provided for in the declaration. The statement of account shall include the current account balance due and the immediately preceding ledger history. If the association offers the statement of account by electronic means, a member may opt to receive the statement electronically. The association may stop providing any further statements of account to a member if collection activity begins by an attorney, or a collection agency that is not acting as the association's managing agent, regarding that member's unpaid account. After collection activity begins, a member may request statements of account by written request to the attorney or collection agency. Any request by a member for a statement of account after collection activity begins by an attorney or a collection agency that is not acting as the association's managing agent must be fulfilled by the attorney or the collection agency responsible for the collection. The statement of account provided by the attorney or collection agency responsible for the collection shall include all amounts claimed to be owing to resolve the delinquency through the date set forth in the statement, including attorney fees and costs, regardless of whether such amounts have been reduced to judgment.

N. An agent for the association may collect on behalf of the association directly from a member the assessments and other amounts owed by cash or check, by mailed or hand-delivered bank drafts, checks, cashier's checks or money orders, by credit, charge or debit card or by other electronic means. For any form of payment other than for cash or for mailed or hand-delivered bank drafts, checks, cashier's checks or money orders, the agent may charge a convenience fee to the member that is approximately the amount charged to the agent by a third-party service provider. The association may not transfer ownership or control of debt for common expense liens or member expenses.
A.R.S. § 33-984 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 984
33-984 Lien for labor or materials furnished mill, factory or hoisting works
Status: in_force

33-984. Lien for labor or materials furnished mill, factory or hoisting works

Foundrymen, boilermakers, and other persons who labor or furnish materials for the construction, alteration, repair or operation of a mill, factory or hoisting works at the request of the owner shall have a lien thereon for the amount due. If the hoist, factory or mill is located on property not belonging to the owner of the hoist, factory or mill, the purchaser at the sale on foreclosure of the lien may remove them within sixty days after the sale, whether the hoist, factory or mill is a fixture or not. If the hoist, factory or mill is located on a mine, mining claim or mill site which is the property of the owner, the lien shall embrace the surface ground, not exceeding five acres, upon which the hoist, factory or mill is located.
A.R.S. § 33-1225 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1225
33-1225 Use for sale purposes
Status: in_force

33-1225. Use for sale purposes

A declarant may maintain sales offices, management offices and models in units or on common elements in the condominium unless:

1. The declaration provides otherwise.

2. Such use is prohibited by another provision of law or local ordinances.
A.R.S. § 33-2147 — Arizona Code / Title 33 / Chapter 19 / Article 4 / Section 2147
33-2147 Periodic tenancy; holdover remedies
Status: in_force

33-2147. Periodic tenancy; holdover remedies

A. The landlord may terminate a tenancy only as provided in this chapter.

B. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and rent for the holdover period.
A.R.S. § 33-431 — Arizona Code / Title 33 / Chapter 4 / Article 3 / Section 431
33-431 Grants and devises to two or more persons; estates in common; community property with right of survivorship; joint tenants with right of survivorship
Status: in_force

33-431. Grants and devises to two or more persons; estates in common; community property with right of survivorship; joint tenants with right of survivorship

A. Except as otherwise provided in this section, all grants and devises of real property made to two or more persons create estates in common and not in joint tenancy, except grants or devises in trust, or to executors, or to husband and wife.

B. A grant or devise to two or more persons may by express words vest the estate in the survivor on the death of a grantee or devisee when expressly declared in the grant, transfer or devise to be a joint tenancy with right of survivorship. An estate in joint tenancy with right of survivorship may also be created by grant or transfer from a sole owner to himself and others, or from two or more owners to themselves or to one or more of them and others.

C. A grant or devise to a husband and wife may by express words vest the estate in the surviving spouse on the death of one of the spouses when expressly declared in the grant, transfer or devise to be an estate in community property with right of survivorship. An estate in community property with right of survivorship may also be created by grant or transfer from a husband and wife, when holding title as community property or otherwise, to themselves or from either husband or wife to both husband and wife.

D. In the case of real property owned by a husband and wife as community property with right of survivorship, the right of survivorship is extinguished as provided in section 14-2804 or on the recordation in the office of the recorder of the county or counties where the real property is located an affidavit entitled "affidavit terminating right of survivorship" executed by either spouse under oath that sets forth a stated intent by the spouse to terminate the survivorship right, a description of the instrument by which the right of survivorship was created including the date the instrument was recorded and the county recorder's book and page or instrument reference number and the legal description of the real property affected by the affidavit. The recordation shall not extinguish the community interest of either spouse.

E. In the case of real property owned as joint tenants with right of survivorship, the right of survivorship is extinguished as provided in section 14-2804 or on the recordation in the office of the recorder of the county or counties where the real property is located an affidavit entitled "affidavit terminating right of survivorship" executed by any joint tenant under oath that sets forth a stated intent by that joint tenant to terminate the survivorship right, a description of the instrument by which the right of survivorship was created including the date the instrument was recorded and the county recorder's book and page or instrument reference number and the legal description of the real property affected by the affidavit.  If there are more than two joint tenants, the recordation of the affidavit shall extinguish only the joint tenancy and survivorship right of the person who executes the affidavit, and the joint tenancy and survivorship right shall continue among all remaining joint tenants who have not executed an affidavit of termination.

F. With respect to a deceased joint tenant, the termination or extinguishment by death of that tenant's joint tenancy with right of survivorship may be evidenced by the recordation of both of the following items in the office of the recorder of the county or counties where the real property is located:

1. An affidavit executed by one or more of the surviving joint tenants that includes the name of the deceased joint tenant, the date of death of the deceased joint tenant, a description of the instrument by which the right of survivorship was created including the date the instrument was recorded and the county recorder's book and page or instrument reference number, the legal description of the real property affected by the affidavit, and the cause of death of the deceased joint tenant.

2. An attached death certificate of the deceased joint tenant.
A.R.S. § 33-1216 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1216
33-1216 Leasehold condominiums
Status: in_force

33-1216. Leasehold condominiums

A. Any lease, the expiration or termination of which may terminate the condominium or reduce its size, shall be recorded. Unless the lease otherwise specifically provides for the creation of a leasehold condominium and the rights and benefits set forth in this section, each lessor of those leases shall sign or otherwise consent to the provisions of the declaration. The declaration shall state all of the following:

1. The recording data for the lease.

2. The date on which the lease is scheduled to expire.

3. A legal description of the real estate subject to the lease.

4. Any right of the unit owners to acquire title to their units free of the lease or a statement that they do not have this right.

5. Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease or that they do not have this right.

6. Any rights of the unit owners to renew the lease and the conditions of any renewal or that they do not have those rights.

B. After the declaration for a leasehold condominium is recorded, neither the lessor nor his successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of his share of the rent and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant.

C. Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.

D. If the expiration or termination of a lease decreases the number of units in a condominium, the allocated interests shall be reallocated in accordance with section 33-1206, subsection A as though those units had been taken by eminent domain.
A.R.S. § 33-802 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 802
33-802 Description of trust property; mailing address of trustor and trustee
Status: in_force

33-802. Description of trust property; mailing address of trustor and trustee

A. In deeds of trust the legal description of trust property shall be given by one of the following methods:

1. By the use of lot, block, tract or parcel as set forth within a recorded subdivision plat.

2. By the use of a metes and bounds or course and distance survey.

3. By the use of the governmental rectangular survey system with specific identification of the location within any section or sections, tract or tracts, of a township and range.

4. By the use of the name of an unpatented mining claim together with the recording data of the location notice thereof recorded in the county recorder's office in which the claim is located.

5. By the use of the name of a patented mining claim together with the mineral survey number and the recording data of the patent to such mining claim.

6. By the use of a homestead entry survey number.

B. The mailing address of each trustor, beneficiary and trustee shall be specified in each deed of trust.
A.R.S. § 33-443 — Arizona Code / Title 33 / Chapter 4 / Article 3 / Section 443
33-443 Prohibition against land ownership; foreign adversary nation or agent; enforcement; violation; classification; definitions
Status: in_force

33-443. Prohibition against land ownership; foreign adversary nation or agent; enforcement; violation; classification; definitions

A. Notwithstanding any other law and except as provided in subsection F of this section, a foreign adversary nation or a foreign adversary agent may not, directly or indirectly, purchase, own, acquire by grant or devise or otherwise obtain a substantial interest in real property in this state.

B. The attorney general shall enforce this section. The enforcement of this section may not be based on a person's race or national origin. If the attorney general reasonably suspects a violation of this section occurred, the attorney general:

1. May commence an action in superior court in the county in which the real property is located.

2. Shall report the matter to the federal bureau of investigation for suspected espionage activity or to other local, state or federal law enforcement agencies with the statutory authority to investigate those cases.

3. Shall report the matter to the committee on foreign investments in the United States (50 United States Code section 4565).

C. If pursuant to an action filed under subsection B, paragraph 1 of this section the superior court finds that title or a substantial interest in real property was obtained in violation of subsection A of this section, the court shall enter an order:

1. Stating the court's findings.

2. Divesting the person's interest.

3. Directing the board of supervisors to sell the real property in a manner that is consistent with title 42, chapter 18, article 7, except that the board of supervisors shall distribute the remaining proceeds after paying taxes, interest, penalties, fees and costs in the following order of priority:

(a) To any valid lienholder for the value of the lienholder's outstanding lien that is attached to the real property.

(b) To the appropriate county treasurer and the attorney general to reimburse the appropriate board of supervisors and the attorney general for expenses incurred in the prosecution of a violation of this section.

(c) To the property owner in an amount equal to the remaining proceeds of the sale, if any.

D. A title insurer, title agent, escrow agent or real estate licensee may not be held liable for any violation of this section.

E. A violation of this section may not be the basis for a title insurance claim for any title insurance policy issued for property in this state.

F. A foreign adversary nation or foreign adversary agent may acquire real property or any interest in real property in this state by devise or descent, the enforcement of security interests or the collection of debt, if the foreign adversary nation or foreign adversary agent sells, transfers or otherwise divests from the real property within one hundred twenty days after acquiring the real property.

G. It is unlawful for a person to knowingly make to a law enforcement agency of this state or a political subdivision of this state a false, fraudulent or unfounded report or statement regarding an alleged violation of this section. A violation of this subsection is a class 1 misdemeanor.

H. For the purposes of this section:

1. "Foreign adversary agent" means any of the following:

(a) An agent of a foreign adversary nation involved in espionage.

(b) A state-owned enterprise of a foreign adversary nation.

(c) An entity that is directed or controlled by a foreign adversary nation or the proxies of that foreign adversary nation.

(d) A leader of a controlling political party or government or any administrative subdivision of a foreign adversary nation.

(e) Any business or other entity that is headquartered or domiciled in a foreign adversary nation and directly or indirectly held or controlled by a foreign adversary nation.

2. "Foreign adversary nation" means a country that is either of the following:

(a) Identified by the United States director of national intelligence as a country that poses a risk to the national security of the United States in each of the three most recent annual threat assessments of the United States intelligence community issued pursuant to section 108b of the national security act of 1947 (50 United States Code section 3043b).

(b) Determined by the United States department of commerce pursuant to 15 Code of Federal Regulations section 791.4.

3. "Substantial interest" means an interest of thirty percent or more.
A.R.S. § 33-2622 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2622
33-2622 Receivership in another state; ancillary proceeding
Status: in_force

33-2622. Receivership in another state; ancillary proceeding

A. The court may appoint a receiver appointed in another state, or that person's nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter, if:

1. The person or nominee would be eligible to serve as receiver under section 33-2606.

2. The appointment furthers the person's possession, custody, control or disposition of property subject to the receivership in the other state.

B. The court may issue an order that gives effect to an order entered in another state appointing or directing a receiver.

C. Unless the court orders otherwise, an ancillary receiver appointed under subsection A of this section has the rights, powers and duties of a receiver appointed under this chapter.
A.R.S. § 33-1256 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1256
33-1256 Common expense liens; priority; mechanics' and materialmen's liens; notice; applicability
Status: in_force

33-1256. Common expense liens; priority; mechanics' and materialmen's liens; notice; applicability

A. The association has a common expense lien on a unit for any assessment levied against that unit from the time the assessment becomes due. The association's common expense lien may be foreclosed in the same manner as a mortgage on real estate but may be foreclosed only if the unit owner has been and remains delinquent in the payment of assessments, for a period of one year or in the amount of $1,200 or more, whichever occurs first, as determined on the date the action is filed. The association board of directors shall exercise reasonable efforts to communicate with the unit owner and offer a reasonable payment plan before filing a foreclosure action.  If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment of the assessment becomes due.

B. Notwithstanding any provision in the condominium documents, unit owner expenses are not enforceable as common expense liens under this section. The association has a lien for unit owner expenses after the entry of a judgment in a civil suit for those unit owner expenses from a court of competent jurisdiction and the recording of that judgment in the office of the county recorder as otherwise provided by law. The association's judgment lien for unit owner expenses may not be foreclosed and is effective only on conveyance of any interest in the real property.

C. A common expense lien under this section is prior to all other liens, interests and encumbrances on a unit except:

1. Liens and encumbrances recorded before the recordation of the declaration.

2. A recorded first mortgage on the unit, a seller's interest in a first contract for sale pursuant to chapter 6, article 3 of this title on the unit recorded before the lien arising pursuant to subsection A of this section or a recorded first deed of trust on the unit.

3. Liens for real estate taxes and other governmental assessments or charges against the unit.

D. Subsection C of this section does not affect the priority of mechanics' or materialmen's liens.  The common expense lien under this section is not subject to chapter 8 of this title.

E. Unless the declaration otherwise provides, if two or more associations have common expense liens created at any time on the same real estate, those liens have equal priority.

F. Recording the declaration constitutes record notice and perfection of the common expense lien.  Further recordation of any claim of common expense lien under this section is not required.

G. A common expense lien is extinguished unless proceedings to enforce the lien are instituted within six years after the full amount of the assessments becomes due.

H. This section does not prohibit:

1. Actions to recover sums for which subsection A or B of this section creates a lien.

2. An association from taking a deed in lieu of foreclosure.

I. A judgment or decree in any action brought under this section may include costs and reasonable attorney fees for the prevailing party.

J. The association on written request shall furnish to a lienholder, escrow agent, unit owner or person designated by a unit owner a statement setting forth the amount of any unpaid liens prescribed by subsection A or B of this section against the unit. The statement shall be furnished within ten days after receipt of the request.  The statement is binding on the association if the statement is requested by an escrow agency that is licensed pursuant to title 6, chapter 7. Failure to provide the statement to the escrow agent within the time provided for in this subsection extinguishes any lien for any unpaid assessment then due.

K. Notwithstanding any provision in the condominium documents or in any contract between the association and a management company or any other agent of the association, including any agreement or contract with any attorney, unless the unit owner directs otherwise, all payments received on a unit owner's account shall be applied first to any unpaid assessments, due but not delinquent assessments, unpaid charges for late payment of those assessments if authorized in the declaration, unpaid reasonable collection fees and costs incurred or applied by the association and unpaid attorney fees and costs incurred with respect to those assessments if awarded by a court, in that order, with any remaining amounts applied next to other unpaid fees, charges and monetary penalties or interest and late charges on any of those amounts.

L. For a delinquent account for unpaid common expense liens, the association shall provide the following written notice to the unit owner at the unit owner's address as provided to the association at least thirty days before authorizing an attorney, or a collection agency that is not acting as the association's managing agent, to begin collection activity on behalf of the association:

Your account is delinquent. If you do not bring your account current or make arrangements that are approved by the association to bring your account current within thirty days after the date of this notice, your account will be turned over for further collection proceedings. Such collection proceedings could include bringing a foreclosure action against your property.

The notice shall be in boldfaced type or all capital letters and shall include the contact information for the person that the unit owner may contact to discuss payment. The notice shall be sent by certified mail, return receipt requested, and may be included within other correspondence sent to the unit owner regarding the unit owner's delinquent account.

M. Except for condominiums that have fewer than fifty units and that do not contract with a third party to perform management services on behalf of the association, the association shall provide a statement of account in lieu of a periodic payment book to the unit owner with the same frequency that assessments are provided for in the declaration. The statement of account shall include the current account balance due and the immediately preceding ledger history. If the association offers the statement of account by electronic means, a unit owner may opt to receive the statement electronically.  The association may stop providing any further statements of account to a unit owner if collection activity begins by an attorney, or a collection agency that is not acting as the association's managing agent, regarding that unit owner's unpaid account. After collection activity begins, a unit owner may request statements of account by written request to the attorney or collection agency. Any request by a unit owner for a statement of account after collection activity begins by an attorney or a collection agency that is not acting as the association's managing agent must be fulfilled by the attorney or the collection agency responsible for the collection.  The statement of account provided by the attorney or collection agency responsible for the collection shall include all amounts claimed to be owing to resolve the delinquency through the date set forth in the statement, including attorney fees and costs, regardless of whether such amounts have been reduced to judgment.

N. An agent for the association may collect on behalf of the association directly from a unit owner the assessments and other amounts owed by cash or check, by mailed or hand-delivered bank drafts, checks, cashier's checks or money orders, by credit, charge or debit card or by other electronic means.  For any form of payment other than for cash or for mailed or hand-delivered bank drafts, checks, cashier's checks or money orders, the agent may charge a convenience fee to the unit owner that is approximately the amount charged to the agent by a third-party service provider. The association may not transfer ownership or control of debt for common expense liens or unit owner expenses.

O. This section does not apply to timeshare plans or associations that are subject to chapter 20 of this title.
A.R.S. § 33-2107 — Arizona Code / Title 33 / Chapter 19 / Article 1 / Section 2107
33-2107 Utility fees; service interruption; waste, garbage and rubbish removal fees; refunds; enforcement
Status: in_force

33-2107. Utility fees; service interruption; waste, garbage and rubbish removal fees; refunds; enforcement

A. A landlord may charge separately for gas, water or electricity by doing either of the following:

1. Installing a submetering system.

2. Allocating the charges separately through a ratio utility billing system.

B. If a landlord charges separately for gas, water or electricity by installing a submetering system:

1. The landlord shall provide a separate meter for every user.

2. For each billing period the cost of the charges for the period shall be separately stated, along with the opening and the closing meter readings and the dates of the meter readings. Each bill shall show the computation of the charge generally in accordance with the serving utility company billing format for individual service supplied through a single service meter.

3. The landlord shall not charge more than the prevailing basic service single family residential rate charged by the serving utility or provider and any other fees and taxes imposed on the landlord by the provider relating to this rate.

C. If a landlord charges separately for gas, water or electricity pursuant to a ratio utility billing system:

1. The landlord may recover the charges imposed on the landlord by the utility provider, except that a landlord shall not include a charge by the supplying utility for gas, water or electricity used in a common area or office if the common area or office is separately metered. The landlord shall post in a conspicuous place on the premises the current rate under which the landlord pays for the utility service, as well as the expenses included in the administrative fee and a statement that the total administrative fee charged in the aggregate does not exceed ten per cent of the landlord's total charge during the billing period.  For the purposes of this paragraph, "charges" means the landlord's actual expense of obtaining the utility, including the taxes and fees assessed by or through the utility provider and imposed on the landlord by the utility provider.

2. The landlord may charge an administrative fee for the landlord's actual administrative costs.  Any monthly administrative fee shall not exceed the greater of the landlord's actual administrative costs or ten per cent of the monthly charges by the utility provider in the aggregate to the landlord. The landlord shall not impose any other additional charges.  If the landlord arranges for utility billings to be handled by a third party, the utility billings shall instead include the actual and reasonable cost charged by the third party for the service. Those third party charges shall not exceed ten per cent of the monthly charges by the utility provider for that utility in the aggregate to the landlord.  For the purposes of this paragraph, "administrative costs" includes the direct actual costs to the landlord of billing for utilities, including the cost of staff time to calculate and mail the bills, postage and stationery.

3. The rental agreement shall contain a disclosure that lists the utility services that are separately charged to the tenant and shall state that an administrative fee covering the landlord's administrative expenses in making the calculations under the ratio utility billing system will also be assessed.  The rental agreement also shall state that total administrative fees assessed each billing period shall not exceed ten per cent of the landlord's total charges for that utility provider.

4. Allocation shall be made on the basis of rented spaces.

D. A landlord that is also a mobile home park as defined in section 33-1409 shall comply with subsection A, paragraph 1 and subsection B of this section.

E. The landlord shall provide a statement of proposed interruption of utility service to the tenants within a reasonable time, except in the case of an interruption caused by an emergency.  An emergency does not include any failure or refusal by the landlord to fulfill the duties and obligations to maintain fit premises.  A statement of proposed interruption of utility service may be provided by posting an announcement of the period of the interruption in a conspicuous place on the premises where a recreational vehicle space is located or by individual delivery to each tenant.

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

G. A landlord may charge separately for removal of waste, garbage, rubbish, refuse and trash and for sewer services.  Any charges for removal or sewer services shall not exceed the prevailing single family or residential charge, fee or rate for these services levied by the political subdivision or provider.

H. A landlord who determines, on the landlord's own or as a result of a tenant objection, that the landlord has overcharged tenants shall refund the overcharged amount to the tenants who were overcharged and who reside in the recreational vehicle park at the time the overcharge is determined.  The refund shall be made through a credit toward future utility charges or a refund and shall be provided within sixty days.

I. If a tenant believes that a landlord is not in compliance with this section, the tenant shall provide written notice to the landlord regarding the alleged violation of this section.  If the dispute is not resolved within thirty days after the notice is received by the landlord, the tenant may file a civil complaint in justice court to enforce this section.  In an action pursuant to this subsection, the court shall award the prevailing party court costs and reasonable attorney fees.
A.R.S. § 33-458 — Arizona Code / Title 33 / Chapter 4 / Article 4 / Section 458
33-458 Resale of realty with intent to defraud; classification
Status: in_force

33-458. Resale of realty with intent to defraud; classification

A person who, after selling, bartering or disposing of, or, after executing a bond or agreement for the sale of land, again knowingly and with intent to defraud previous or subsequent purchasers, sells, barters or disposes of, or executes a bond or agreement to sell, barter or dispose of the same land or any part thereof to any other person for a valuable consideration, is guilty of a class 4 felony.
A.R.S. § 33-1803 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1803
33-1803 Assessment limitation; penalties; notice to member of violation
Status: reserved

33-1803. Assessment limitation; penalties; notice to member of violation

A. Unless limitations in the community documents would result in a lower limit for the assessment, the association shall not impose a regular assessment that is more than twenty percent greater than the immediately preceding fiscal year's assessment without the approval of the majority of the members of the association. Unless reserved to the members of the association, the board of directors may impose reasonable charges for the late payment of assessments.  A payment by a member is deemed late if it is unpaid fifteen or more days after its due date, unless the community documents provide for a longer period. Charges for the late payment of assessments are limited to the greater of fifteen dollars or ten percent of the amount of the unpaid assessment and may be imposed only after the association has provided notice that the assessment is overdue or provided notice that the assessment is considered overdue after a certain date.  Any monies paid by the member for an unpaid assessment shall be applied first to the principal amount unpaid and then to the interest accrued.

B. After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association. Notwithstanding any provision in the community documents, the board of directors shall not impose a charge for a late payment of a penalty that exceeds the greater of fifteen dollars or ten percent of the amount of the unpaid penalty. A payment is deemed late if it is unpaid fifteen or more days after its due date, unless the declaration, bylaws or rules of the association provide for a longer period.  Any monies paid by a member for an unpaid penalty shall be applied first to the principal amount unpaid and then to the interest accrued.  Notice pursuant to this subsection shall include information pertaining to the manner in which the penalty shall be enforced.

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

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

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

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

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

4. The process the member must follow to contest the notice.

E. Unless the information required in subsection D, paragraph 4 of this section is provided in the notice of violation, the association shall not proceed with any action to enforce the community documents, including the collection of attorney fees, before or during the time prescribed by subsection D of this section regarding the exchange of information between the association and the member and shall give the member written notice of the member's option to petition for an administrative hearing on the matter in the state real estate department pursuant to section 32-2199.01. At any time before or after completion of the exchange of information pursuant to this section, the member may petition for a hearing pursuant to section 32-2199.01 if the dispute is within the jurisdiction of the state real estate department as prescribed in section 32-2199.01.
A.R.S. § 33-1312 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1312
33-1312 Unconscionability
Status: in_force

33-1312. Unconscionability

A. If the court, as a matter of law, finds either of the following:

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

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

B. If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination.
A.R.S. § 33-701 — Arizona Code / Title 33 / Chapter 6 / Article 1 / Section 701
33-701 Interests which may be mortgaged; formal requirements; recording
Status: in_force

33-701. Interests which may be mortgaged; formal requirements; recording

A. Any interest in real property capable of being transferred may be mortgaged.

B. A mortgage may be created, renewed or extended only by writing executed with the formalities required of a grant of real property, and may be acknowledged, certified and recorded in like manner and with like effect.
A.R.S. § 33-1241 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1241
33-1241 Organization of unit owners' association
Status: in_force

33-1241. Organization of unit owners' association

A unit owners' association shall be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the condominium, of all former unit owners entitled to distributions of proceeds under section 33-1228, or their heirs, successors or assigns. The association shall be organized as a profit or nonprofit corporation or as an unincorporated association.
A.R.S. § 33-991 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 991
33-991 Lands to which liens extend; rural lands; city lots; subdivision lots; mining claims
Status: in_force

33-991. Lands to which liens extend; rural lands; city lots; subdivision lots; mining claims

A. If the land upon which an improvement is made and labor or professional services have been performed lies outside of the limits of the recorded map or plat of a townsite, an incorporated city or town, or a subdivision, the lien shall extend to and include not to exceed ten acres of the land upon which the improvement is made and the labor has been performed.

B. If the land on which an improvement is made or labor or professional services have been performed lies within the limits of a recorded map or plat of a townsite, an incorporated city or town, or a subdivision, the lien shall extend to and include only the particular lot or lots upon which the improvement is made and the labor has been performed.

C. If the labor is performed or the improvements made upon a mining claim, the lien shall extend to the whole thereof and to the group of which the claim upon which the work was done is a part if the group is operated as one property.
A.R.S. § 33-745 — Arizona Code / Title 33 / Chapter 6 / Article 3 / Section 745
33-745 Completion of forfeiture by notice
Status: in_force

33-745. Completion of forfeiture by notice

A. If an account servicing agent has been appointed to hold documents and collect monies due under the contract and the agent has recorded and served the notice of election to forfeit, as provided in section 33-743, the seller and account servicing agent may complete the forfeiture of the interest of the purchaser and persons having an interest in or a lien or encumbrance on the property, the priority of which is subordinate to that of the seller, by recordation of an affidavit of completion of forfeiture with the county recorder of the county in which the real property is located. The county recorder shall index the affidavit of completion of forfeiture under the classification in which conveyances of real property are indexed.

B. Recordation of an affidavit of completion of forfeiture terminates without right of redemption all right, title and interest of the purchaser and all persons having an interest in or a lien or encumbrance on the property, the priority of which is subordinate to that of the seller, including the interest of any persons acquiring an interest in or a lien or encumbrance on the property subsequent to recordation of the notice of election to forfeit. On recordation of the affidavit, the property reverts to the seller clear of all interests, liens and encumbrances, the priority of which was subordinate to that the seller. The recordation of the affidavit of completion of forfeiture also raises the presumption of compliance with all requirements of this article and constitutes conclusive evidence of the meeting of the requirements in favor of purchasers or encumbrancers for value and without actual notice.

C. The affidavit of completion of forfeiture shall be substantially in the following form:

"Affidavit of Completion of Forfeiture

The undersigned, being duly sworn, deposes and says that the purchaser under that certain contract, by and between _______________, as seller, and _______________, as purchaser, dated _______________, 19____, and recorded (if recorded) on _______________, 19____, in docket __________, at page __________, records of _______________ county, Arizona, covering real property described as follows:

and including personal property described as follows:

failed to pay amounts due under the contract; that on the date the monies were due, any provision of the contract which made time of the essence had not been waived or had been reinstated in the manner provided for in Arizona Revised Statutes section 33-742, subsection C; that the applicable period stated in Arizona Revised Statutes section 33-742, subsection D had expired after the date the monies were due; that a notice of election to forfeit was recorded with the county recorder of the county in which the real property is located; that a copy of the notice was served upon the purchaser and all persons who, at the time of recordation of the notice of election to forfeit, appeared on the records of the county recorder of the county in which the real property was located, as having an interest in or a lien or encumbrance on the property, the priority of which was subordinate to that of the seller, or who had requested a copy of the notice in the manner provided for in Arizona Revised Statutes section 33-746; that the terms of the notice of election to forfeit were not complied with prior to expiration of the period provided for in the notice; and that all right, title and interest of the purchaser and all persons having an interest in or a lien or encumbrance on the property, the priority of which was subordinate to that of the seller, are by this affidavit declared to be forfeited and to revert to the seller in accordance with the terms of the contract and the laws of the state of Arizona.

______________________________________

signature of seller,

______________________________________

signature of account servicing agent

(jurats)"
A.R.S. § 33-2611 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2611
33-2611 Powers and duties of receiver
Status: in_force

33-2611. Powers and duties of receiver

A. Except as limited by court order or another law, a receiver may:

1. Collect, control, manage, conserve and protect receivership property.

2. Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection or disposition of the property in the ordinary course of business.

3. In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver's preservation, use, sale, lease, license, exchange, collection or disposition of receivership property.

4. Assert a right, claim, cause of action or defense of the owner that relates to receivership property.

5. Seek and obtain instruction from the court concerning receivership property, exercise of the receiver's powers and performance of the receiver's duties.

6. On subpoena, compel a person to submit to examination under oath, or to produce and permit inspection and copying of designated records or tangible things, with respect to receivership property or any other matter that may affect administration of the receivership.

7. Engage a professional as provided in section 33-2614.

8. Apply to a court of another state for appointment as ancillary receiver with respect to receivership property located in that state.

9. Exercise any power conferred by court order, this chapter or another law other than this chapter.

B. With court approval, a receiver may:

1. Incur debt for the use or benefit of receivership property other than in the ordinary course of business.

2. Make improvements to receivership property.

3. Use or transfer receivership property other than in the ordinary course of business as provided in section 33-2615.

4. Adopt or reject an executory contract of the owner as provided in section 33-2616.

5. Pay compensation to the receiver as provided in section 33-2619, and to each professional engaged by the receiver as provided in section 33-2614.

C. A receiver shall:

1. Prepare and retain appropriate business records, including a record of each receipt, disbursement and disposition of receivership property.

2. Account for receivership property, including the proceeds of a sale, lease, license, exchange, collection or other disposition of the property.

3. Record in the office of the county recorder a copy of the order appointing the receiver and, if a legal description of the real property is not included in the order, the legal description.

4. Disclose to the court any fact arising during the receivership that would disqualify the receiver under section 33-2606.

5. Perform any duty imposed by court order, this chapter or another law other than this chapter.

D. Notwithstanding any other provision of this chapter, the powers and duties of a receiver may be expanded, modified, or limited by court order.
A.R.S. § 33-997 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 997
33-997 Sale of property to satisfy lien
Status: in_force

33-997. Sale of property to satisfy lien

No sale of property to satisfy a lien granted under the provisions of this article shall be made except upon judgment of foreclosure and order of sale.
A.R.S. § 33-1319 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1319
33-1319 Bedbug control; landlord and tenant obligations; definitions
Status: in_force

33-1319. Bedbug control; landlord and tenant obligations; definitions

A. A landlord has the following obligations with respect to a bedbug infestation:

1. The landlord shall provide bedbug educational materials to existing and new tenants.  Educational materials may include:

(a) A description of measures that may be taken to prevent and control bedbugs.

(b) Information about bedbugs, including a description of their appearance.

(c) A description of behaviors that are risk factors for attracting bedbugs such as purchasing renovated mattresses, using discarded mattresses and furniture, using used or leased furniture, purchasing pre-owned clothing and traveling without proper precautions.

(d) Information provided by the United States centers for disease control and prevention and other federal, state or local health agencies.

(e) Information provided by federal, state or local housing agencies.

(f) Information provided by nonprofit housing organizations.

(g) Information developed by the landlord.

2. The landlord shall not enter into any lease agreement with a tenant for a dwelling unit that the landlord knows to have a current bedbug infestation.

B. A tenant has the following obligations with respect to a bedbug infestation:

1. The tenant shall not knowingly move materials into a dwelling unit that are infested with bedbugs.

2. A tenant who knows of the presence of bedbugs shall provide the landlord written or electronic notification of the presence of bedbugs.

C. This section does not limit any other rights, remedies and obligations under this chapter.

D. The landlord and tenant of a single family residence are excluded from the provisions of this section.

E. Except as specifically provided in this section, this section does not create a cause of action against:

1. A landlord or a landlord's employees, officers, agents and directors by a tenant or a tenant's guests for any damages caused by bedbugs.

2. A tenant by a landlord for any damages caused by bedbugs.

F. For the purposes of this section:

1. "Bedbugs" means any insect in the genus cimex and its eggs.

2. "Infestation" or "infested" means that the presence of bedbugs is sufficient to materially affect the health and safety of tenants and their guests.
A.R.S. § 33-1311 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1311
33-1311 Obligation of good faith
Status: in_force

33-1311. Obligation of good faith

Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
A.R.S. § 33-1255 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1255
33-1255 Assessments for common expenses; commercial structures; applicability; definitions
Status: in_force

33-1255. Assessments for common expenses; commercial structures; applicability; definitions

A. Until the association makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the association, assessments shall be made at least annually, based on a budget adopted at least annually by the association.

B. Except for assessments under subsections C, D, E, F and H of this section, all common expenses shall be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to section 33-1217, subsection A.  Any past due common expense assessment or installment bears interest at the rate established by the board subject to the condominium documents.

C. Unless otherwise provided for in the declaration, all of the following apply:

1. Any common expense associated with the maintenance, repair or replacement of a limited common element shall be equally assessed against the units to which the limited common element is assigned.

2. Any common expense or portion of a common expense benefitting fewer than all of the units shall be assessed exclusively against the units benefitted.

D. Assessments to pay a judgment against the association may be made only against the units in the condominium at the time the judgment was entered, in proportion to their common expense liabilities.

E. If any common expense is caused by the misconduct of any unit owner, the association may assess that expense exclusively against that unit.

F. If the declaration so provides, the common expense assessment for any unit on which construction has not been substantially completed may be an amount that is at least twenty-five percent of the common expense assessment for units that have been substantially completed.  However, this reduced common expense assessment shall not be allowed unless the declarant is obligated under the declaration to pay to the association any deficiency in monies due to the declarant having paid a reduced common assessment and necessary for the association to be able to timely pay all common expenses.

G. If common expense liabilities are reallocated, common expense assessments and any installment on the assessments not yet due shall be recalculated in accordance with the reallocated common expense liabilities.

H. Notwithstanding any provision in the condominium documents, if a condominium includes one or more commercial structures that are separate from one or more residential structures, all of the following apply:

1. Any common expense or portion of a common expense that exclusively benefits the commercial structures shall be assessed exclusively against the units in the commercial structures, whether assessed in a general assessment or special assessment or otherwise.

2. Any common expense or portion of a common expense that exclusively benefits the residential structures shall be assessed exclusively against the units in the residential structures, whether assessed in a general assessment or special assessment or otherwise.

3. Any common expense or portion of a common expense that benefits both the commercial structures and the residential structures shall be assessed in proportion to the category of the structures benefitted, whether assessed in a general assessment or special assessment or otherwise. The proportional share of the common expenses that benefit the commercial structures shall thereafter be assessed against the units in the commercial structures on a pro rata basis, and the proportional share of the common expenses that benefit the residential structures shall thereafter be assessed against the units in the residential structures on a pro rata basis.

4. In any dispute over the allocation of a common expense or portion of a common expense, the association shall make available as prescribed by section 33-1258 all records relating to the association's allocation of a common expense or portion of a common expense. The association may not withhold a record based on the pendency of litigation relating to the allocation of a common expense or portion of a common expense if the record would otherwise be available to a unit owner under section 33-1258.

5. After any period of declarant control ends, the unit owners may approve only by a unanimous vote a different allocation of a common expense or portion of a common expense than is prescribed by this subsection.

I. This section does not apply to timeshare plans or associations that are subject to chapter 20 of this title.

J. For the purposes of this section:

1. "Commercial structure" means a structure in which a majority of the units are designated for commercial or work purposes and is separate from a residential structure if no residential units are located on top of or below the commercial structure.

2. "Common expenses" has the same meaning prescribed in section 33-1202.

3. "Residential structure" means a structure in which a majority of the units are designated for residential purposes.
A.R.S. § 33-1363 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1363
33-1363 Self-help for minor defects
Status: in_force

33-1363. Self-help for minor defects

A. If the landlord fails to comply with section 33-1324, and the reasonable cost of compliance is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may recover damages for the breach under section 33-1361, subsection B, or may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work to be done by a licensed contractor and, after submitting to the landlord an itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of the work, not exceeding the amount specified in this subsection.

B. A tenant may not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent or if the condition repaired does not constitute a breach of the fit and habitable condition of the premises.
A.R.S. § 33-1270 — Arizona Code / Title 33 / Chapter 9 / Article 4 / Section 1270
33-1270 Department of real estate; enforcement
Status: in_force

33-1270. Department of real estate; enforcement

A. Nothing in this chapter shall be construed to increase or decrease or otherwise affect any rights or powers granted to the commissioner of the department of real estate under title 32, chapter 20 with respect to the issuance of public reports.

B. The commissioner of the department of real estate shall require compliance with section 33-1215 and section 33-1219 in connection with the administration of the subdivision laws of this state under title 32, chapter 20, article 4. The commissioner shall not be required to administer or enforce any other provisions of this chapter.
A.R.S. § 33-2626 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2626
33-2626 Relation to electronic signature in global and national commerce act
Status: in_force

33-2626. Relation to electronic signature in global and national commerce act

This chapter modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 United States Code sections 7001 through 7031, but does not modify, limit or supersede section 101(c) of that act, 15 United States Code section 7001(c) or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 United States Code section 7003(b).
A.R.S. § 33-138 — Arizona Code / Title 33 / Chapter 1 / Article 3 / Section 138
33-138 Recording prerequisite
Status: in_force

33-138. Recording prerequisite

Coordinates based on the Arizona coordinate system, 1983, shall not be presented to be recorded in any public land records unless the recording document also contains the descriptions of not less than two horizontal control stations of first order, second order class I or second order class II positional accuracy which shall not exceed six miles from the nearest point or line of the land survey.
A.R.S. § 33-1434 — Arizona Code / Title 33 / Chapter 11 / Article 2 / Section 1434
33-1434 Landlord to maintain fit premises
Status: in_force

33-1434. Landlord to maintain fit premises

A. The landlord shall:

1. Comply with the requirements of all applicable city, county and state codes materially affecting health and safety.

2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.

3. Keep all common areas of the premises in a clean and safe condition.

4. Maintain in good and safe working order and condition all swimming pool, shower, bathhouse, electrical, plumbing and sanitary facilities, including the recreational hall or meeting facilities supplied or required to be supplied or maintained by the landlord.

5. Provide for removal of garbage, rubbish and other waste incidental to the occupancy of the mobile home space.

6. Furnish outlets for electric, water and sewer services. The landlord shall also furnish a prospective tenant with information concerning the type, size and power rating of all electrical, water and sewer connections.

7. Provide a statement of proposed interruption of utility service to the tenants within a reasonable time frame except in the case of an interruption caused by an emergency. An emergency does not include any failure or refusal on the part of the landlord to fulfill the landlord's duties and obligations as specified in this section. A statement of proposed interruption of utility service may be provided by posting an announcement of the period of the interruption in a conspicuous place within the mobile home park or by individual delivery to each tenant.

B. A mobile home park landlord shall not impose any conditions of rental or occupancy that restrict the mobile home owner in the mobile home owner's choice of a seller of fuel, furnishings, goods, services or mobile homes connected with the rental or occupancy of a mobile home space unless such condition is necessary to protect the health, safety, aesthetic value or welfare of mobile home residents in the park. However, the landlord may impose reasonable conditions relating to central gas, oil, electricity or water meter systems in the park.

C. For new tenants who are moving into a mobile home park, any rental agreements that are executed or adopted after December 31, 2016 shall specifically disclose in writing any requirement that the tenant maintain one or more existing trees located on the mobile home space.

D. Any change regarding the tenant's obligation to maintain any one or more trees located on the mobile home space constitutes a substantial modification of the rental agreement pursuant to section 33-1452.
A.R.S. § 33-1055 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1055
33-1055 Persons authorized; election by construction lender to withhold monies; copy of bond; recovery limits
Status: in_force

33-1055. Persons authorized; election by construction lender to withhold monies; copy of bond; recovery limits

A. Any person entitled to record a claim of lien under article 6 of this chapter may give to a construction lender a stop notice or a bonded stop notice before the expiration of the time within which that person's lien shall be recorded under section 33-993. Any person entitled to give a stop notice who fails to serve a stop notice within thirty days after a written demand from the construction lender forfeits the right to any stop notice on the work described in the demand. A written demand from the owner shall be sent by registered or certified mail, postage prepaid, shall be addressed to that person at any place where that person maintains an office or conducts business and shall include the following language in bold-faced type that is at least as large as the largest type that otherwise appears on the document: "demand for service of stop notice pursuant to A.R.S. section 33-1055".

B. In the case of a stop notice or bonded stop notice filed by the original contractor or by a subcontractor, the original contractor or subcontractor is only entitled to recover on its own stop notice or bonded stop notice the net amount due the original contractor or subcontractor after deducting both of the following:

1. The stop notice claims of all subcontractors or material suppliers who have filed bonded stop notices for work done on behalf of the original contractor or subcontractor.

2. The amount of any payment already received as described in the stop notice or bonded stop notice.

C. A bonded stop notice shall not require the construction lender to withhold more than the net amount due for labor, services, materials, machinery, fixtures or tools. Notwithstanding any other law, a construction lender is not liable for the failure to withhold more than this net amount due on receipt of a bonded stop notice.
A.R.S. § 33-1901 — Arizona Code / Title 33 / Chapter 17 / Article 1 / Section 1901
33-1901 Definitions
Status: in_force

33-1901. Definitions

In this article, unless the context otherwise requires:

1. "Managing agent" means a person, corporation, partnership or limited liability company that is authorized by the owner to operate and manage the property.

2. "Residential rental property" means property that is used solely as leased or rented property for residential purposes. If the property is a space rental mobile home park, residential rental property includes the rental space that is leased or rented by the owner of that rental space but does not include the mobile home or recreational vehicle that serves as the actual dwelling if the dwelling is owned and occupied by the tenant of the rental space and not by the owner of the rental space.

3. "Slum property" means residential rental property that has deteriorated or is in a state of disrepair and that manifests one or more of the following conditions that are a danger to the health or safety of the public:

(a) Structurally unsound exterior surfaces, roof, walls, doors, floors, stairwells, porches or railings.

(b) Lack of potable water, adequate sanitation facilities, adequate water or waste pipe connections.

(c) Hazardous electrical systems or gas connections.

(d) Lack of safe, rapid egress.

(e) Accumulation of human or animal waste, medical or biological waste, gaseous or combustible materials, dangerous or corrosive liquids, flammable or explosive materials or drug paraphernalia.
A.R.S. § 33-730 — Arizona Code / Title 33 / Chapter 6 / Article 2 / Section 730
33-730 Limitation on deficiency judgment on mortgage or deed of trust as collateral for consumer goods
Status: in_force

33-730. Limitation on deficiency judgment on mortgage or deed of trust as collateral for consumer goods

A. If both a security agreement and a mortgage or deed of trust have been given to secure payment of the balance of the purchase price of real property and consumer goods or services or the balance of the combined purchase price of such real property and consumer goods or services, no deficiency shall lie thereunder if no deficiency would lie under the mortgage or deed of trust given under such transaction, notwithstanding any agreement to the contrary.

B. For the purposes of this section, consumer goods and services are goods and services used or acquired for use primarily for personal, family or household purposes.
A.R.S. § 33-1252 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1252
33-1252 Conveyance or encumbrance of common elements
Status: in_force

33-1252. Conveyance or encumbrance of common elements

A. Portions of the common elements may be conveyed or subjected to a mortgage, deed of trust or security interest by the association if persons entitled to cast at least eighty per cent of the votes in the association, or any larger percentage the declaration specifies, agree to that action in the manner prescribed in subsection B, except that all the owners of units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a mortgage, deed of trust or security interest. The declaration may specify a smaller percentage only if all of the units in the condominium are restricted exclusively to nonresidential uses. Proceeds of the sale or encumbrance of the common elements are an asset of the association.

B. An agreement to convey common elements or subject them to a mortgage, deed of trust or security interest shall be evidenced by the execution of an agreement, or ratifications of the agreement, in the same manner as a deed, by the requisite number of unit owners. The agreement shall specify a date after which the agreement will be void unless previously recorded. The agreement and all ratifications of the agreement shall be recorded in each county in which a portion of the condominium is situated and are effective only on recordation.

C. The association, on behalf of the unit owners, may contract to convey common elements or subject them to a mortgage, deed of trust or security interest, but the contract is not enforceable against the association until approved pursuant to subsections A and B. Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.

D. Except as permitted in this chapter, any purported conveyance, encumbrance, judicial sale or other voluntary transfer of common elements is void.

E. A conveyance or encumbrance of common elements pursuant to this section does not deprive any unit of its rights of access and support.

F. A conveyance or encumbrance of common elements pursuant to this section does not affect the priority or validity of preexisting encumbrances.
A.R.S. § 33-2104 — Arizona Code / Title 33 / Chapter 19 / Article 1 / Section 2104
33-2104 Unconscionability
Status: in_force

33-2104. Unconscionability

A. If a court, as a matter of law, finds that:

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

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

B. If unconscionability is put into issue by a party or by the court on its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination.
A.R.S. § 33-1214 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1214
33-1214 Description of units
Status: in_force

33-1214. Description of units

A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county or counties in which the condominium is located and the identifying number of the unit is a sufficient legal description of that unit and all common elements, rights, obligations and interests appurtenant to that unit.
A.R.S. § 33-1476.02 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1476.02
33-1476.02 Mobile home relocation fund; investment of monies
Status: in_force

33-1476.02. Mobile home relocation fund; investment of monies

A. The mobile home relocation fund is established consisting of monies collected pursuant to sections 33-1476.03 and 33-2151 and any surcharge collected pursuant to section 33-1437. The director shall administer the fund.

B. Fund monies shall be used as prescribed in sections 33-1476.04 and 41-4008 and to pay premiums and other costs of purchasing, from a private insurer who is licensed to transact insurance business in this state, insurance coverage for tenant relocation costs due to a change in use as prescribed in sections 33-1476.01, 33-1476.05, 33-2149 and 33-2150. Any insurance rebates shall be deposited in the fund. If such insurance is not available, or if the insurance costs exceed the amount available from the fund, the fund shall be used to make direct payments for tenant relocation costs.  Monies in the fund in excess of the amount required for these purposes shall be used, as necessary, to support the Arizona department of housing's administration of the hearing function pursuant to section 41-4062 and the Arizona department of housing's administration of section 33-1437, subsection C.

C. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Any unexpended and unencumbered monies remaining in the fund at the end of the fiscal year do not revert to the state general fund but remain in the fund, separately accounted for, as a contingency reserve.

D. The director shall adopt, amend or repeal rules pursuant to title 41, chapter 6 for the administration of the fund. Fund monies shall be paid to the Arizona department of housing to offset the costs of administering the fund, including the direct and indirect costs of processing applications for reimbursement submitted under section 41-4008 and administering the direct and indirect costs of section 33-1437, subsection C.  The attorney general shall review the costs charged to the fund.
A.R.S. § 33-1814 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1814
33-1814 Slum property; professional management
Status: in_force

33-1814. Slum property; professional management

For any residential rental units that have been declared a slum property by the city or town pursuant to section 33-1905 and that are in the planned community, the association is responsible for enforcing any requirement for a licensed property management firm that is imposed by a city or town pursuant to section 33-1906.
A.R.S. § 33-805 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 805
33-805 Deed of trust as security
Status: in_force

33-805. Deed of trust as security

Deeds of trust may be executed as security for the performance of a contract or contracts. Except with respect to chapter 6 of this title, statutes of this state which refer to mortgages as security instruments are deemed to also include deeds of trust, unless the context otherwise requires.
A.R.S. § 33-2209 — Arizona Code / Title 33 / Chapter 20 / Article 1 / Section 2209
33-2209 Financial and other records
Status: in_force

33-2209. Financial and other records

A. Except as provided in this section and section 33-2210, any owner or any person designated by the owner in writing as the owner’s representative may inspect and copy all financial and other records of the association or other managing entity that are directly related to the timeshare plan at the location where such records are normally kept, or at another location reasonably specified by the association or other managing entity, during normal business hours.

B. An owner may inspect and copy the records identified in subsection A of this section only if the following conditions are met:

1. The owner’s request is in writing and is received by the managing entity in care of the person and at the address designated by the managing entity for receipt of such requests.

2. The owner’s written request is made in good faith and for a proper purpose.

3. The owner’s written request describes with reasonable particularity the owner’s purpose and the records the owner desires to inspect.

4. The records are directly connected with the owner’s purpose.

5. The owner agrees in writing not to use the records for any purpose other than the purpose described in the written request.

C. The board of the association or other managing entity is responsible for determining the appropriateness of any owner request under this section, and shall provide a written response within thirty days after receipt of the request.  If the owner’s request includes copies pursuant to subsection E of this section, the copies shall be provided  within thirty days after the later of the board’s or other managing entity’s determination under this subsection or the owner making suitable financial arrangements pursuant to subsection E of this section.

D. This section does not affect either:

1. Inspection of records under section 10-3720, if applicable, or, if the owner is in litigation with the association or other managing entity, inspection of records to the same extent as any other litigant.

2. The power of a court, independently of this chapter, to compel the production of records for examination on proof by an owner of proper purpose.

E. A request to copy records under this section includes, if reasonable, receiving copies made by photographic, xerographic or other means.  The association or other managing entity may impose a reasonable charge covering the cost of labor and materials for copies of any documents provided to the owner or the owner’s representative.  The charge shall not exceed the estimated cost of production or reproduction of the records.

F. In addition to subsection B of this section, books and records kept by or on behalf of the association and the board or other managing entity may be withheld from disclosure to the extent that the portion withheld relates to any of the following:

1. Privileged communication between an attorney for the association or other managing entity and the association or managing entity.

2. Pending or contemplated litigation.

3. Meeting minutes or other records of a session of a board meeting that is not required to be open to all members pursuant to section 33-2208.

4. Personal, health and financial records of an individual owner, an individual employee of the association or managing entity or an individual employee of a contractor of the association or managing entity.

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

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

H. The timeshare instrument may provide for greater access of owners to records of the association or other managing entity.
A.R.S. § 33-749 — Arizona Code / Title 33 / Chapter 6 / Article 3 / Section 749
33-749 Other remedies
Status: in_force

33-749. Other remedies

A. The seller may maintain an action against any person, including the purchaser, for a claim for relief if damages or injury occurs, or may occur, to the property, including without limitation, an action for damages, or to prevent any of the following:

1. Physical abuse to or distribution of the property.

2. Waste.

3. Impairment of security provided by the contract.

B. An action for recovery of damages under subsection A of this section may be maintained:

1. At any time before the seller elects to forfeit or foreclose the purchaser's interest in the property.

2. Within ninety days after completion of a forfeiture of the purchaser's interest in the property as provided by section 33-745.

3. In conjunction with completion of a forfeiture of the purchaser's interest in the property as provided by section 33-744.

4. In conjunction with the seller foreclosing the contract as a mortgage as provided for in section 33-748.

C. The remedies provided by this article are in addition to and do not preclude any other remedy granted either by the contract or by law which is not inconsistent with this article.
A.R.S. § 33-1330 — Arizona Code / Title 33 / Chapter 10 / Article 2 / Section 1330
33-1330 Transfer of records on sale
Status: in_force

33-1330. Transfer of records on sale

On the sale or other transfer of an apartment community as defined in section 40-360.21, the landlord shall deliver to the buyer or other transferee all available plans, drawings and records pertaining to the location of all underground facilities in the property, all plans, drawings, surveys and plats of the property, all records pertaining to tenant security deposits and complete files for each tenant of the property at closing containing rental agreements and all other documents and disclosures required by this chapter that are in the possession of the landlord.  A landlord who fails to deliver reasonably accurate and maintained installation records of active, inactive and abandoned underground facilities installed after December 31, 2006 is liable for all damages proximately caused by the failure, including all expenses incurred by successor landlords to create such installation records.
A.R.S. § 33-1703 — Arizona Code / Title 33 / Chapter 15 / Article 1 / Section 1703
33-1703 Lien; rental agreement; contents; late fees
Status: in_force

33-1703. Lien; rental agreement; contents; late fees

A. The operator of a self-service storage facility has a possessory lien from the date the rent is unpaid and due on all personal property stored within the leased space for rent, late fees and labor or other charges, and for expenses reasonably incurred in its sale, as provided in this article. The lien shall not impair any other lien or security interest at the time the storage was commenced, unless the lienor or secured party knows and consents to the storage of the personal property.

B. The rental agreement shall contain a statement, in at least ten-point bold-faced type, advising the occupant:

1. Of the accrual of the lien as of the date the rent is unpaid and due.

2. That property stored in the leased space may be sold or otherwise disposed of if the occupant is in default.

3. That any insurance protecting the personal property stored within the storage space against fire, theft or damage must be provided by the occupant.

4. That a late fee may be charged by the operator for each month that the occupant does not pay rent when due.  The rental agreement shall state the date on which rent is due and the date on which the late fee accrues.

C. The rental agreement shall contain a provision requiring the occupant to disclose the following:

1. Any lienholders or secured parties who have an interest in property that is or will be stored in the self-service storage facility.

2. Whether any protected property is or will be stored in the leased space.

D. The rental agreement may provide for a limit on the value of the property that is stored by the occupant on the premises and that limit is deemed to be the maximum value of stored property for all purposes.

E. The operator may impose a reasonable late fee on the occupant for each month the occupant does not pay rent when due.  For the purposes of this section, a reasonable late fee may be computed as the greater of $10 per month or twenty percent of the amount of monthly rent.  Any late fee imposed by the operator pursuant to this section is in addition to any other remedy provided by law or contract.

F. The operator shall provide adequate notice to the occupant before a late fee is imposed.  Adequate notice is provided if the rental agreement complies with subsection B of this section or if a notice is sent to the occupant by verified mail that notifies the occupant that a late fee may be charged in any month in which the occupant does not pay rent when due.
A.R.S. § 33-1058 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1058
33-1058 Withholding monies by construction lenders; payment bond
Status: in_force

33-1058. Withholding monies by construction lenders; payment bond

A. On receipt of a stop notice pursuant to section 33-1055, the construction lender may and on receipt of a bonded stop notice shall withhold from the borrower or other person to whom it or the owner may be obligated to make payments or advances out of the construction fund sufficient monies to answer the claim and any claim of lien that may be recorded. If a payment bond has previously been recorded in accordance with section 33-1003, the construction lender shall withhold monies pursuant to a bonded stop notice filed by the original contractor and, at its option, may withhold monies pursuant to a stop notice or bonded stop notice given by anyone other than the original contractor.

B. The construction lender may elect not to withhold pursuant to a bonded stop notice if a payment bond has been recorded in accordance with section 33-1003. When giving the construction lender the stop notice or bonded stop notice, if the claimant makes a written request for notice of the election, accompanied by a preaddressed, stamped envelope, the construction lender shall furnish to the claimant a copy of the bond within thirty days after making the election. A lender is not liable for a failure to furnish a copy of the bond if the failure was not intentional and resulted from a bona fide error, if the lender maintains reasonable procedures to avoid such an error and if the error was corrected no more than twenty days after the date on which the error was discovered.
A.R.S. § 33-2131 — Arizona Code / Title 33 / Chapter 19 / Article 3 / Section 2131
33-2131 Tenant to maintain recreational vehicle space
Status: in_force

33-2131. Tenant to maintain recreational vehicle space

A tenant of a recreational vehicle space shall exercise diligence to maintain that part of the premises that the tenant has rented in as good condition as when the tenant took possession and shall:

1. Comply with all obligations primarily imposed on tenants by applicable provisions of city, county and state codes materially affecting health and safety.

2. Comply with all park rules regarding sanitary and aesthetic guidelines.
A.R.S. § 33-1811 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1811
33-1811 Board of directors; contracts; conflict
Status: in_force

33-1811. Board of directors; contracts; conflict

If any contract, decision or other action for compensation taken by or on behalf of the board of directors would benefit any member of the board of directors or any person who is a parent, grandparent, spouse, child or sibling of a member of the board of directors or a parent or spouse of any of those persons, that member of the board of directors shall declare a conflict of interest for that issue.  The member shall declare the conflict in an open meeting of the board before the board discusses or takes action on that issue and that member may then vote on that issue.  Any contract entered into in violation of this section is void and unenforceable.
A.R.S. § 33-1203 — Arizona Code / Title 33 / Chapter 9 / Article 1 / Section 1203
33-1203 Variation
Status: in_force

33-1203. Variation

Except as expressly provided in this chapter, the provisions of this chapter shall not be varied by agreement and rights conferred by this chapter shall not be waived. A person shall not use any device to evade the limitations or prohibitions of this chapter.
A.R.S. § 33-2203 — Arizona Code / Title 33 / Chapter 20 / Article 1 / Section 2203
33-2203 Management of timeshare plan and timeshare property
Status: in_force

33-2203. Management of timeshare plan and timeshare property

A. For each timeshare plan and timeshare property in this state, the developer shall provide in the timeshare instrument for a managing entity. The managing entity may be the developer, a separate manager or management firm or an association.  There may be different managing entities for the timeshare plan and the timeshare property or for portions of the timeshare property.  This section applies to a managing entity only to the extent of its authority to manage the timeshare plan or timeshare property under the timeshare instrument.

B. The managing entity shall act in the capacity of a fiduciary to the owners of timeshare interests in the timeshare plan.

C. The association or other managing entity may enter into a contract with a manager or management firm to provide some or all of the management services to the timeshare plan or timeshare property, but the manager or management firm shall not be considered the managing entity of the timeshare plan or timeshare property.

D. For any management contract entered into during any period of time in which the developer or an affiliate of the developer is the managing entity or controls a majority of the voting interests in the association, the initial term of the management contract shall expire no later than at the end of five years.

E. Any management contract between the association and a manager or management firm may provide that it is automatically renewable for successive terms not exceeding five years each, unless the owners vote to discharge the manager or management firm.  A discharge vote shall be conducted by the board of the association on written request of owners who hold at least two per cent of the voting interests in the association and who are not delinquent in assessments for common expenses, or such lower number as set forth in the timeshare instrument.  The written request must be made no earlier than twelve months before the renewal date and no later than six months before the renewal date.  The manager or management firm is deemed to be discharged if at least sixty-six per cent of the votes cast vote to discharge and those votes include at least fifty per cent of all votes allocated to owners, or such lesser percentages as are provided in the timeshare instrument.

F. The management contract shall contain the following provisions:

1. The management contract may be terminated for cause by a vote in favor of termination by a majority of the votes cast by owners concerning the issue and those votes include at least twenty-five per cent of all votes allocated to owners, or such lesser percentages as are provided in the timeshare instrument.

2. The resignation of the manager or management firm is not effective until one hundred twenty days after receipt of the written resignation by the board, or by the owners if there is no association, or such longer period after receipt as provided in the timeshare instrument except that the board or the owners may designate a shorter period in written notice to the manager or management firm.

G. The management contract may provide for other rights of termination by the association.

H. If a manager or management firm resigns or is discharged, the association, if any, or other managing entity shall remain responsible for operating and maintaining the applicable timeshare plan or timeshare property, or both, pursuant to the timeshare instrument and this chapter.

I. If the association or other managing entity fails to operate and maintain in any material respect the timeshare plan or timeshare property pursuant to the timeshare instrument and this chapter and that failure materially and adversely affects the timeshare plan, the timeshare property or the owners, any owner may apply to the superior court in the county in which the timeshare plan or any timeshare property is located for the appointment of a receiver to manage the affairs of the association, timeshare plan or timeshare property.  At least thirty days before applying to the court, the owner shall mail by certified mail to the board of the association or other managing entity and post in a conspicuous place on the timeshare property a notice describing the intended action.  During that thirty day period, the association or other managing entity may attempt to cure the alleged failure. If a receiver is appointed, the association or other managing entity is responsible, as a common expense of the timeshare plan, for payment of the salary and expenses of the receiver relating to the discharge of the receiver's duties and obligations, together with the receiver’s court costs, and reasonable attorney fees.  The receiver has all powers and duties of the managing entity and serves until discharged by the court.
A.R.S. § 33-203 — Arizona Code / Title 33 / Chapter 2 / Article 1 / Section 203
33-203 Right to possession of lands; estates in possession; estates in expectancy
Status: in_force

33-203. Right to possession of lands; estates in possession; estates in expectancy

Estates in lands, as respects the time of enjoyment, are divided into:

1. Estates in possession. An estate in possession is one in which the owner thereof has an immediate right to possession of the land.

2. Estates in expectancy. An estate in expectancy is one in which the right of the owner thereof to possession of the land is not immediate, but is postponed to a future time or period.
A.R.S. § 33-1213 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1213
33-1213 Construction and validity of declaration and bylaws
Status: in_force

33-1213. Construction and validity of declaration and bylaws

A. All provisions of the condominium documents are severable.

B. The rule against perpetuities shall not be applied to defeat any provision of the condominium documents.

C. Except to the extent inconsistent with this chapter:

1. If a conflict exists between the provisions of the declaration and the other condominium documents, the declaration prevails.

2. If a conflict exists between the provisions of the articles of incorporation and the bylaws or rules, the articles of incorporation prevail.

3. If a conflict exists between the provisions of the bylaws and the rules, the bylaws prevail.

D. Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of any condominium documents to comply with this chapter.