A.R.S. § 33-1260.01 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1260.01
33-1260.01 Rental property; unit owner and agent information; fee; disclosure
Status: in_force

33-1260.01. Rental property; unit owner and agent information; fee; disclosure

A. A unit owner may use the unit owner's unit as a rental property unless prohibited in the declaration and shall use it in accordance with the declaration's rental time period restrictions.

B. A unit owner may designate in writing a third party to act as the unit owner's agent with respect to all association matters relating to the rental unit, except for voting in association elections and serving on the board of directors.  The unit owner shall sign the written designation and shall provide a copy of the written designation to the association. On delivery of the written designation, the association is authorized to conduct all association business relating to the unit owner's rental unit through the designated agent. Any notice given by the association to a unit owner's designated agent on any matter relating to the unit owner's rental unit constitutes notice to the unit owner.

C. Notwithstanding any provision in the condominium documents, on rental of a unit an association shall not require a unit owner or a unit owner's agent to disclose any information regarding a tenant other than the name and contact information for any adults occupying the unit, the time period of the lease, including the beginning and ending dates of the tenancy, and a description and the license plate numbers of the tenants' vehicles.  If the condominium is an age restricted condominium, the unit owner, the unit owner's agent or the tenant shall show a government issued identification that bears a photograph and that confirms that the tenant meets the condominium's age restrictions or requirements.

D. On request of an association or its managing agent for the disclosures prescribed in subsection C of this section, the managing agent or, if there is no managing agent, the association may charge a fee of not more than twenty-five dollars, which shall be paid within fifteen days after the postmarked request.  The fee may be charged for each new tenancy for that unit but may not be charged for a renewal of a lease.  Except for the fee permitted by this subsection and fees related to the use of recreational facilities, the association or its managing agent shall not assess, levy or charge a fee or fine or otherwise impose a requirement on a unit owner's rental unit any differently than on an owner-occupied unit in the association.

E. Notwithstanding any provision in the condominium documents, the association is prohibited from doing any of the following:

1. Requiring a unit owner to provide the association with a copy of the tenant's rental application, credit report, lease agreement or rental contract or other personal information except as prescribed by this section. This paragraph does not prohibit the association from acquiring a credit report on a person in an attempt to collect a debt.

2. Requiring the tenant to sign a waiver or other document limiting the tenant's due process rights as a condition of the tenant's occupancy of the rental unit.

3. Prohibiting or otherwise restricting a unit owner from serving on the board of directors based on the owner's not being an occupant of the unit.

4. Imposing on a unit owner or managing agent any fee, assessment, penalty or other charge in an amount greater than fifteen dollars for incomplete or late information regarding the information requested pursuant to subsection C of this section

F. Any attempt by an association to exceed the fee, assessment, penalty or other charge authorized by subsection D or E of this section voids the fee, assessment, penalty or other charge authorized by subsection D or E of this section.  This section does not prevent an association from complying with the housing for older persons act of 1995 (P.L. 104–76; 109 Stat. 787).

G. An owner may use a crime free addendum as part of a lease agreement.  This section does not prohibit the owner's use of a crime free addendum.

H. This section does not prohibit and an association may lawfully enforce a provision in the condominium documents that restricts the residency of persons who are required to be registered pursuant to section 13-3821 and who are classified as level two or level three offenders.

I. An owner of rental property shall abate criminal activity as authorized in section 12-991.
A.R.S. § 33-1021.01 — Arizona Code / Title 33 / Chapter 7 / Article 7 / Section 1021.01
33-1021.01 Dry cleaners' and launderers' lien; foreclosure
Status: in_force

33-1021.01. Dry cleaners' and launderers' lien; foreclosure

A. When any garment, wearing apparel or other article is cleaned, pressed or washed by any dry cleaner or launderer, the dry cleaner or launderer has a lien on the garment, apparel or article for the labor and may retain possession of the garment, apparel or article until the amount due is fully paid.

B. The lien for any article in the possession of a dry cleaner or launderer granted by subsection A may be foreclosed by private or public sale or by disposal in any manner determined by the dry cleaner or launderer if all of the following conditions exist:

1. The dry cleaner or launderer has posted on the premises, plainly visible to the owner or agent of the garment, wearing apparel or other article to be cleaned, pressed or washed, a poster, no less in size than eighteen inches by twenty-four inches, notifying that the garment, apparel or other article may be disposed of on or after ninety days if unclaimed. The notice shall also be imprinted on the receipt given to the owner or agent.

2. The article remains in the possession of the dry cleaner or launderer and the charges are unpaid for a period of ninety days from the date the article is received to be cleaned, pressed or washed.
A.R.S. § 33-807 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 807
33-807 Sale of trust property; power of trustee; foreclosure of trust deed
Status: in_force

33-807. Sale of trust property; power of trustee; foreclosure of trust deed

A. By virtue of his position, a power of sale is conferred upon the trustee of a trust deed under which the trust property may be sold, in the manner provided in this chapter, after a breach or default in performance of the contract or contracts, for which the trust property is conveyed as security, or a breach or default of the trust deed. At the option of the beneficiary, a trust deed may be foreclosed in the manner provided by law for the foreclosure of mortgages on real property in which event chapter 6 of this title governs the proceedings. The beneficiary or trustee shall constitute the proper and complete party plaintiff in any action to foreclose a deed of trust. The power of sale may be exercised by the trustee without express provision therefor in the trust deed.

B. The trustee or beneficiary may file and maintain an action to foreclose a deed of trust at any time before the trust property has been sold under the power of sale. A sale of trust property under the power of sale shall not be held after an action to foreclose the deed of trust has been filed unless the foreclosure action has been dismissed.

C. The trustee or beneficiary may file an action for the appointment of a receiver according to sections 12-1241 and 33-702. The right to appointment of a receiver shall be independent of and may precede the exercise of any other right or remedy.

D. The power of sale of trust property conferred upon the trustee shall not be exercised before the ninety-first day after the date of the recording of the notice of the sale.  The sale shall not be set for a Saturday or legal holiday.  The trustee may schedule more than one sale for the same date, time and place.

E. The trustee need only be joined as a party in legal actions pertaining to a breach of the trustee's obligation under this chapter or under the deed of trust. Any order of the court entered against the beneficiary is binding upon the trustee with respect to any actions that the trustee is authorized to take by the trust deed or by this chapter. If the trustee is joined as a party in any other action, the trustee is entitled to be immediately dismissed and to recover costs and reasonable attorney fees from the person joining the trustee.
A.R.S. § 33-322 — Arizona Code / Title 33 / Chapter 3 / Article 2 / Section 322
33-322 Damage to premises; classification
Status: in_force

33-322. Damage to premises; classification

Removal or intentional and material alteration or damage of any part of a building, the furnishings thereof, or any permanent fixture, by or at the instance of the tenant, without written permission of the landlord or his agent, is a class 2 misdemeanor.
A.R.S. § 33-226 — Arizona Code / Title 33 / Chapter 2 / Article 2 / Section 226
33-226 Defeasibility of expectant estate by terms of grant or devise
Status: in_force

33-226. Defeasibility of expectant estate by terms of grant or devise

A. An estate in expectancy may be defeated in any manner provided or authorized by the grant or devise by which the expectant estate was created.

B. An estate in expectancy thus defeasible is not, on that ground, void in its creation.
A.R.S. § 33-1073 — Arizona Code / Title 33 / Chapter 7 / Article 10 / Section 1073
33-1073 Contents of notice of lien; verification
Status: in_force

33-1073. Contents of notice of lien; verification

A. The notice of commercial real estate broker lien shall include all of the following:

1. The name and the address of the principal place of business of the broker who claims the lien and the broker's real estate license number.

2. The name and the mailing address of the owner of the real property.

3. The real property interest that is owned by the owner.

4. The amount of the lien.

5. The legal description of the real property that is the subject of the lien.

6. The street address of the real property, if any.

7. The statement that the broker who claims the lien is entitled to compensation from the owner of the real property.

8. The notarized signature of the real estate broker that avows that based on information and belief the contents of the notice of commercial real estate broker lien are true and accurate.

B. The words "unknown" or "not available" and similar terms may not be used in lieu of the information prescribed by subsection A, and any use of those terms in the notice of commercial real estate broker lien or broker's preliminary notice of intent to lien invalidates the commercial real estate broker lien.
A.R.S. § 33-1491 — Arizona Code / Title 33 / Chapter 11 / Article 5 / Section 1491
33-1491 Retaliatory conduct prohibited; eviction
Status: in_force

33-1491. Retaliatory conduct prohibited; eviction

A. Except as provided in this section, a landlord shall not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for eviction after any of the following:

1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety.

2. The tenant has complained to the landlord of a violation under this chapter.

3. The tenant has organized or become a member of a tenant's union or similar organization.

4. The tenant has filed an action against the landlord in the appropriate court or with the appropriate hearing officer.

B. If the landlord acts in violation of subsection A of this section, the tenant is entitled to the remedies provided in section 33-1475 and has a defense in action against him for eviction. In an action by or against the tenant, evidence of a complaint within six months prior to the alleged act of retaliation creates a presumption that the landlord's conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of termination of the rental agreement. For the purpose of this subsection, "presumption" means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.

C. The landlord of a mobile home park shall specify the reason for the termination of any tenancy in such mobile home park. The reason relied on for the termination shall be set forth with specific facts, so that the date, place and circumstances concerning the reason for termination can be determined. Reference to or recital of the language of this chapter, or both, is not sufficient compliance with this subsection.

D. Notwithstanding subsections A and B of this section, a landlord may bring an action for eviction if either of the following occurs:

1. The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent.

2. The tenant is in default in rent. The maintenance of the action does not release the landlord from liability under section 33-1471, subsection B.
A.R.S. § 33-1370 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1370
33-1370 Abandonment; notice; remedies; personal property; definition
Status: in_force

33-1370. Abandonment; notice; remedies; personal property; definition

A. If a dwelling unit is abandoned after the time prescribed in subsection J of this section, the landlord shall send the tenant a notice of abandonment by certified mail, return receipt requested, addressed to the tenant's last known address and to any of the tenant's alternate addresses known to the landlord. The landlord shall also post a notice of abandonment on the door to the dwelling unit or any other conspicuous place on the property for five days.

B. Five days after the notice of abandonment has been both posted and mailed, the landlord may retake the dwelling unit and rerent the dwelling unit at a fair rental value if no personal property remains in the dwelling unit. After the landlord retakes the dwelling unit, money held by the landlord as a security deposit is forfeited and shall be applied to the payment of any accrued rent and other reasonable costs incurred by the landlord by reason of the tenant's abandonment.

C. If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent the dwelling unit at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, the rental agreement is deemed to be terminated as of the date the new tenancy begins. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose shall be deemed to be a month or a week, as the case may be.

D. After the landlord retakes possession of the dwelling unit, and if the tenant's personal property remains in the dwelling unit, the landlord shall prepare an inventory and notify the tenant of the location and cost of storage of the personal property in the same manner prescribed in subsection A of this section.

E. After the landlord retakes possession of the dwelling unit, the landlord may store the tenant's personal possessions in the unoccupied dwelling unit that was abandoned by the tenant, any other available unit or any storage space owned by the landlord or off the premises if a dwelling unit or storage space is not available. The landlord is not required to store the tenant's perishable items, plants and animals on behalf of the tenant. The landlord may remove or dispose of, as appropriate, the perishable items, including plants. At the landlord's discretion, the landlord may remove and dispose of any personal property in the dwelling unit that is contaminated, may be considered a biohazard or poses a health and safety risk. After notifying any person who was authorized by the tenant to retrieve the tenant's animal as prescribed in section 33-1314 and no retrieval occurs after one calendar day, the tenant's abandoned animals may be immediately removed and released to a shelter or boarding facility. The landlord shall keep a record of the name and location of the shelter or boarding facility to which the animal was released. If the landlord does not immediately remove and release the abandoned animals to a shelter or boarding facility, the landlord shall provide reasonable care for the abandoned animals for the period prescribed by subsection F of this section. If the landlord is unable or unwilling to provide reasonable care to the abandoned animals, the landlord shall notify the county enforcement agent as defined in section 11-1001 or an animal control officer as prescribed in section 9-499.04 of the presence of the tenant's abandoned animals on the property to be seized pursuant to section 13-4281. The landlord is not liable for any actions taken in good faith related to the removal, release, seizure or care of the abandoned animals pursuant to this section.

F. The landlord shall hold the tenant's personal property for a period of fourteen calendar days after the landlord retakes possession of the dwelling unit. The landlord shall use reasonable care in moving and holding the tenant's personal property. If the landlord holds the property for this period and the tenant makes no reasonable effort to recover it, the landlord may donate the personal property to a qualifying charitable organization as defined in section 43-1088 or otherwise recognized charity or sell the property. If the landlord sells the property, the landlord shall retain the proceeds and apply them toward the tenant's outstanding rent or other costs that are covered in the lease agreement or otherwise provided for in this chapter or title 12, chapter 8 and that have been incurred by the landlord, and excess proceeds shall be mailed to the tenant at the tenant's last known address. A tenant does not have any right of access to that property until the actual removal and storage costs have been paid in full, except that the tenant may obtain clothing and the tools, apparatus and books of a trade or profession and any identification or financial documents, including all those related to the tenant's immigration status, employment status, public assistance or medical care. The landlord may destroy or otherwise dispose of some or all of the property if the landlord reasonably determines that the value of the property is so low that the cost of moving and storing the property and conducting a public sale exceeds the amount that would be realized from the sale. Any tax benefit associated with the donation of the personal property belongs to the tenant. A landlord that complies with this section is not liable for any loss to the tenant or any third party that results from moving, storing or donating any personal property left in the dwelling unit.

G. For a period of twelve months after the sale, the landlord shall:

1. Keep adequate records of the outstanding and unpaid rent and the sale of the tenant's personal property.

2. Hold for the benefit of the tenant any excess proceeds that have been returned as undeliverable.

H. If the tenant notifies the landlord in writing on or before the date the landlord sells or otherwise disposes of the personal property that the tenant intends to remove the personal property from the dwelling unit or the place of safekeeping, the tenant has five days to reclaim the personal property. To reclaim the personal property the tenant must only pay for the costs associated with removal and storage for the period the tenant's personal property was stored. Except as provided in subsection E or I of this section for personal property exempt from storage requirements, within five days after a written offer by the tenant to pay the applicable storage or removal costs the landlord must surrender possession of the personal property in the landlord's possession to the tenant on the tenant's tender of payment. If the landlord fails to surrender possession of the personal property to the tenant, the tenant may recover the possessions or an amount equal to the damages determined by the court if the landlord has destroyed or disposed of the possessions before the fourteen days specified in this section or after the tenant's offer to pay.

I. Notwithstanding subsections D, E, F and G of this section, if the tenant returns to the landlord the keys to the dwelling unit and there is personal property remaining in the dwelling unit, the landlord may immediately remove and dispose of the personal property without liability to the tenant or a third party unless the landlord and tenant have agreed in writing to some other treatment of the property.

J. For the purposes of this section, "abandonment" means either of the following:

1. The absence of the tenant from the dwelling unit, without notice to the landlord for at least seven days, if rent for the dwelling unit is outstanding and unpaid for ten days and there is no reasonable evidence other than the presence of the tenant's personal property that the tenant is occupying the residence.

2. The absence of the tenant for at least five days, if the rent for the dwelling unit is outstanding and unpaid for five days and none of the tenant's personal property is in the dwelling unit.
A.R.S. § 33-992.02 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 992.02
33-992.02 Proof of mailing of preliminary twenty day notice; receipt; affidavit
Status: in_force

33-992.02. Proof of mailing of preliminary twenty day notice; receipt; affidavit

Proof that the preliminary twenty day notice required by section 33-992.01 was given in accordance with section 33-992.01, subsection F shall be made as follows:

1. If given by mail, by an acknowledgment of receipt of the notice in a form substantially as follows:

"____________________________

Signature of sender

Acknowledgment of receipt of preliminary twenty day notice

This acknowledges receipt on   (insert date)   of a copy of

the preliminary twenty day notice at  (insert address) .

Date: _______________________________________

(Date this acknowledgment is executed)

_____________________________________

Signature of person acknowledging

receipt, with title if acknowledgment

is made on behalf of another person"

2. If a person to whom the notice is served pursuant to section 33-992.01, subsection F fails to complete the acknowledgment or fails to complete and return the acknowledgment within thirty days from the date of mailing, proof of mailing may be made by affidavit of the person making the mailing, showing the time, place and manner of mailing and facts showing that such service was made in accordance with section 33-992.01. The affidavit shall show the name and address of the person to whom a copy of the preliminary twenty day notice was mailed, and, if appropriate, the title or capacity in which he was given the notice. If mailing was made by first class mail sent with a certificate of mailing, the certificate of mailing shall be attached to the affidavit. If the mailing was by certified or registered mail, the receipt of certification or registration shall be attached to the affidavit.
A.R.S. § 33-937 — Arizona Code / Title 33 / Chapter 7 / Article 3 / Section 937
33-937 Limitation of lien or assignment; compromise; cause of action; attorney fees
Status: in_force

33-937. Limitation of lien or assignment; compromise; cause of action; attorney fees

A. All interested parties, including the health care provider, patient and patient's attorney, shall compromise any lien or assignment granted pursuant to section 33-931 and the amounts owed pursuant to any such lien or assignment to provide a settlement of the claim that is fair and equitable to all parties.

B. In determining the extent of the compromise required by subsection A of this section, the health care provider shall consider the following factors:

1. The nature and extent of the patient's injury or illness.

2. The sufficiency of liability insurance or other sources of indemnity available to the patient from the tortfeasor or the tortfeasor's insurer. The potential availability of health insurance or a similar medical benefit plan that covers the patient as an insured or dependent may not be considered as a factor in any compromise, if the patient and the health care provider have agreed not to use that health insurance or similar medical benefit plan coverage.

3. Whether the health care provider, the hospital or an assignee has received any payment reducing the patient's financial obligation to pay the lien balance.

4. The nature and complexity of the services rendered by the health care provider to the patient.

5. The health care provider's customary charges for the services rendered to the patient.

6. The total amount of the third-party judgment, settlement or award.

7. Other valid liens made pursuant to section 33-931 that are attached to any third-party judgment, settlement or award and the priority position of the liens.

8. The patient's attorney fees and costs.

9. Any reductions agreed to by any other claimants to the total amount of the third-party judgment, settlement or award.

10. Other valid claims against the third-party judgment, settlement or award, including health insurance reimbursement and subrogation claims.

11. Any other factor relevant to a fair and equitable settlement under the circumstances of that particular case.

C. On request of the health care provider, the patient shall provide a proposed distribution of the settlement monies that contains a complete listing of how the monies would be distributed among all parties along with a statement of the monies that the patient would receive if the liens are compromised.

D. If the interested parties cannot agree on a compromise of a lien or assignment as prescribed by this section, an action may be filed for a judicial determination of an appropriate compromise of the lien or assignment based on the factors prescribed by this section. The action may be filed by the injured person whose care, treatment or transportation is subject to a lien or assignment pursuant to section 33-931, the health care provider or assignee, or the person, firm or corporation liable for damages, or any insurer or other person, firm or corporation that is responsible for paying all or part of the damages.  In any action brought pursuant to this section, the prevailing party may not recover attorney fees authorized by section 33-934.
A.R.S. § 33-414 — Arizona Code / Title 33 / Chapter 4 / Article 2 / Section 414
33-414 Recording of judgments affecting title to real property; inadmissibility of unrecorded judgment
Status: in_force

33-414. Recording of judgments affecting title to real property; inadmissibility of unrecorded judgment

A. Every judgment of a court by which title to real property is affected shall be recorded in the office of the county recorder of the county in which the property or part thereof is located, and until recorded, the judgment shall not be received in evidence in support of any right claimed by virtue thereof.

B. It shall not be necessary to record the judgment in full, but an abstract thereof by the clerk of the court under his hand and seal, stating the title of the court and of the action, the date of judgment, a description of the property and the name of the party to whom it is decreed, shall be a sufficient record of the judgment.
A.R.S. § 33-705 — Arizona Code / Title 33 / Chapter 6 / Article 1 / Section 705
33-705 Purchase money mortgage or deed of trust; priority
Status: in_force

33-705. Purchase money mortgage or deed of trust; priority

A mortgage or deed of trust that is given as security for a loan made to purchase the real property that is encumbered by the mortgage or deed of trust has priority over all other liens and encumbrances that are incurred against the purchaser before acquiring title to the real property.
A.R.S. § 33-1472 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1472
33-1472 Failure to deliver possession
Status: in_force

33-1472. Failure to deliver possession

A. If the landlord fails to deliver physical possession of the mobile home space to the tenant as provided in section 33-1433, rent abates until possession is delivered and the tenant may do either of the following:

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

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

B. If the landlord fails to deliver constructive possession to the tenant because of noncompliance with section 33-1434, rent shall not abate. The tenant may proceed with the remedies provided for in section 33-1471.

C. If a person's failure to deliver possession is wilful and not in good faith, an aggrieved person may recover from that person the actual damages sustained by him, plus any attorney's fees and court costs.
A.R.S. § 33-2202 — Arizona Code / Title 33 / Chapter 20 / Article 1 / Section 2202
33-2202 Definitions
Status: in_force

33-2202. Definitions

In this chapter, unless the context otherwise requires:

1. "Accommodation" means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room or other private or commercial structure that contains toilet facilities, that is designed and available for use and occupancy as a residence by one or more individuals and that is included in the offering of a timeshare plan.

2. "Assessment" means the share of monies that are required for the payment of common expenses and that the managing entity assesses periodically against each owner, and any other amount required to be paid by owners under a timeshare instrument.

3. "Association" means any organized body consisting solely of the owners of timeshare interests in a timeshare plan.

4. "Board" means the governing body designated in the timeshare instrument to act on behalf of an association.

5. "Common expenses" means the costs and expenses of and for operating the timeshare plan and timeshare property as set forth in the timeshare instrument.

6. "Developer" means either of the following:

(a) Any person, corporation, partnership, limited liability company, trust or other entity, other than a sales agent, that creates a timeshare plan.

(b) Any person or entity that succeeds to the interest of the developer by sale, lease, assignment, mortgage or other transfer if the person offers timeshare interests in a particular timeshare plan and the person is in the business of selling timeshare interests or employs sales agents to sell timeshare interests.

7. "Managing entity" means the association or other person that undertakes the duties, responsibilities and obligations of the management of a timeshare plan.

8. "Owner" means the owners of a timeshare interest in a timeshare plan, other than as security for an obligation.  Owner includes developer to the extent the developer owns timeshare interests.

9. "Timeshare estate" means the right of occupancy in a timeshare property that is coupled with an estate in real property.

10. "Timeshare instrument" means one or more documents creating or governing the operation of a timeshare plan.

11. "Timeshare interest" means either a timeshare estate or a timeshare use.

12. "Timeshare period" means the period of time when the owner of a timeshare interest is afforded the opportunity to use the accommodations of a timeshare plan.

13. "Timeshare plan" means any arrangement, plan or similar device, other than an exchange program, whether by membership agreement, or sales, lease, deed, license or right-to-use agreement or by any other means, in which an owner, in exchange for consideration, receives ownership rights in or the right to use accommodations for a period of time that is less than a full year during any given year, but not necessarily for consecutive years, if the use rights extend for at least three years.

14. "Timeshare property" means one or more accommodations that are subject to the same timeshare instrument, together with any other property or rights to property appurtenant to those accommodations.

15. "Timeshare use" means the right to occupy a timeshare property that is not coupled with an estate in real property.
A.R.S. § 33-935 — Arizona Code / Title 33 / Chapter 7 / Article 3 / Section 935
33-935 Workers' compensation cases exempted
Status: in_force

33-935. Workers' compensation cases exempted

The provisions of this article are not applicable to accidents or injuries within the purview of the workers' compensation law of this state.
A.R.S. § 33-968 — Arizona Code / Title 33 / Chapter 7 / Article 5 / Section 968
33-968 Erroneously identified property owner; lien; release
Status: in_force

33-968. Erroneously identified property owner; lien; release

A. If a recorded money judgment or a certified copy of a money judgment appears to create a judgment lien on the real property of a person who is not the judgment debtor because the name of the property owner is the same as or similar to that of the judgment debtor, the erroneously identified property owner may deliver to the judgment creditor a written demand for a recordable document that releases the lien. The demand shall be accompanied by reasonable proof that the property owner is not the judgment debtor and that the property is not subject to enforcement of the judgment against the judgment debtor.

B. Within fifteen days after receipt of the property owner's demand and compliance with subsection A, the judgment creditor shall deliver to the property owner a recordable document that releases the lien on the property of that owner. If the judgment creditor improperly fails to deliver a recordable document within that time, the judgment creditor is liable to the property owner for all damages incurred by reason of the failure and is presumed liable for at least five hundred dollars.

C. If the judgment creditor does not deliver a document as prescribed by subsection B, the property owner may apply to the court for an order releasing the judgment lien. The application shall be served on the judgment creditor. On presentation of evidence satisfactory to the court that the property is not subject to the judgment, the court shall order the judgment creditor to prepare and deliver a recordable document that releases the lien or by order of the court may release the judgment lien on the property. The order may be recorded in the office of the county recorder in the county where the property is located and shall release the judgment lien on the property.

D. The court shall award reasonable attorney fees to the prevailing party in any action pursuant to this section.

E. The damages and other remedies provided by this section are not in derogation of any other remedy that a person may be entitled to by law.
A.R.S. § 33-936 — Arizona Code / Title 33 / Chapter 7 / Article 3 / Section 936
33-936 Release of hospital lien; liability
Status: in_force

33-936. Release of hospital lien; liability

If any lien or assignment established by this article has been satisfied, within thirty days after satisfaction the lienholder or assignee shall issue a release of the lien or assignment to the person against whom the lien or assignment was claimed. The release shall be a document in a form as specified in section 11-480. A lienholder or assignee that fails to grant a release is subject to liability in the amount of one hundred dollars and also to liability for actual damages.
A.R.S. § 33-1075 — Arizona Code / Title 33 / Chapter 7 / Article 10 / Section 1075
33-1075 Satisfaction of lien; damages
Status: in_force

33-1075. Satisfaction of lien; damages

A. On satisfaction of any lien established pursuant to this article, the lienholder shall record a satisfaction of the lien within thirty days. The satisfaction shall be in the form prescribed by section 11-480. A lienholder who fails to record a satisfaction of lien pursuant to this section is subject to the penalties prescribed by section 33-712.

B. A broker shall record a waiver and release of claim of lien that extinguishes the broker's lien rights on either of the following:

1. Within thirty days after satisfaction of a broker's claim of lien arising pursuant to this article if satisfaction occurs before recording a notice of commercial real estate broker lien.

2. Within ten days after receipt of a written request from the owner and if the broker fails to record a notice of commercial real estate broker lien within the time period prescribed by section 33-1072, subsection A, paragraph 3, subdivision (a) or (b).

C. A broker who is required to record a waiver and release of claim of lien by subsection B of this section and who fails to record a waiver is subject to the penalties prescribed by section 33-712.

D. A waiver and release of claim of lien is sufficient if it complies with other applicable laws and if it is in substantially the following form:

Waiver and Release of Claim of Lien

I (we) hereby unconditionally waive and release any claim of lien evidenced by the recording of a "broker's preliminary notice of intent to lien" or "notice of commercial real estate broker lien", or both, recorded on    (date)    in docket or book __________ at page _______, or instrument number _______, records of ____________ county, Arizona.

Dated:

Signature

(Acknowledgment)
A.R.S. § 33-1806.01 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1806.01
33-1806.01 Rental property; member and agent information; fee; disclosure
Status: in_force

33-1806.01. Rental property; member and agent information; fee; disclosure

A. A member may use the member's property as a rental property unless prohibited in the declaration and shall use it in accordance with the declaration's rental time period restrictions.

B. A member may designate in writing a third party to act as the member's agent with respect to all association matters relating to the rental property, except for voting in association elections and serving on the board of directors. The member shall sign the written designation and shall provide a copy of the written designation to the association. On delivery of the written designation, the association is authorized to conduct all association business relating to the member's rental property through the designated agent. Any notice given by the association to a member's designated agent on any matter relating to the member's rental property constitutes notice to the member.

C. Notwithstanding any provision in the community documents, on rental of a member's property an association shall not require a member or a member's agent to disclose any information regarding a tenant other than the name and contact information for any adults occupying the property, the time period of the lease, including the beginning and ending dates of the tenancy, and a description and the license plate numbers of the tenants' vehicles. If the planned community is an age restricted community, the member, the member's agent or the tenant shall show a government issued identification that bears a photograph and that confirms that the tenant meets the community's age restrictions or requirements.

D. On request of an association or its managing agent for the disclosures prescribed in subsection C of this section, the managing agent or, if there is no managing agent, the association may charge a fee of not more than twenty-five dollars, which shall be paid within fifteen days after the postmarked request.  The fee may be charged for each new tenancy for that property but may not be charged for a renewal of a lease. Except for the fee permitted by this subsection and fees related to the use of recreational facilities, the association or its managing agent shall not assess, levy or charge a fee or fine or otherwise impose a requirement on a member's rental property any differently than on an owner-occupied property in the association.

E. Notwithstanding any provision in the community documents, the association is prohibited from doing any of the following:

1. Requiring a member to provide the association with a copy of the tenant's rental application, credit report, lease agreement or rental contract or other personal information except as prescribed by this section. This paragraph does not prohibit the association from acquiring a credit report on a person in an attempt to collect a debt.

2. Requiring the tenant to sign a waiver or other document limiting the tenant's due process rights as a condition of the tenant's occupancy of the rental property.

3. Prohibiting or otherwise restricting a member from serving on the board of directors based on the member's not being an occupant of the property.

4. Imposing on a member or managing agent any fee, assessment, penalty or other charge in an amount greater than fifteen dollars for incomplete or late information regarding the information requested pursuant to subsection C of this section.

F. Any attempt by an association to exceed the fee, assessment, penalty or other charge authorized by subsection D or E of this section voids the fee, assessment, penalty or other charge authorized by subsection D or E of this section.  This section does not prevent an association from complying with the housing for older persons act of 1995 (P.L. 104–76; 109 Stat. 787).

G. An owner may use a crime free addendum as part of a lease agreement.  This section does not prohibit the owner's use of a crime free addendum.

H. This section does not prohibit and an association may lawfully enforce a provision in the community documents that restricts the residency of persons who are required to be registered pursuant to section 13-3821 and who are classified as level two or level three offenders.

I. An owner of rental property shall abate criminal activity as authorized in section 12-991.
A.R.S. § 33-1483 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1483
33-1483 Periodic tenancy; holdover remedies
Status: in_force

33-1483. 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 if the tenant's holdover is wilful and not in good faith the landlord in addition may recover an amount equal to not more than two months' periodic rent and twice the actual damages sustained by him.
A.R.S. § 33-1250 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1250
33-1250 Voting; proxies; absentee ballots; applicability; definition
Status: in_force

33-1250. Voting; proxies; absentee ballots; applicability; definition

A. If only one of the multiple owners of a unit is present at a meeting of the association, the owner is entitled to cast all the votes allocated to that unit.  If more than one of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the multiple owners unless the declaration expressly provides otherwise.  There is majority agreement if any one of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.

B. During the period of declarant control, votes allocated to a unit may be cast pursuant to a proxy duly executed by a unit owner.  If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy.  A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association.  A proxy is void if it is not dated or purports to be revocable without notice. The proxy is revoked on presentation of a later dated proxy executed by the same unit owner.  A proxy terminates one year after its date, unless it specifies a shorter term or unless it states that it is coupled with an interest and is irrevocable.

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

1. The ballot shall set forth each proposed action.

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

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

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

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

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

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

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

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

F. If the declaration requires that votes on specified matters affecting the condominium be cast by lessees rather than unit owners of leased units all of the following apply:

1. The provisions of subsections A and B of this section apply to lessees as if they were unit owners.

2. Unit owners who have leased their units to other persons shall not cast votes on those specified matters.

3. Lessees are entitled to notice of meetings, access to records and other rights respecting those matters as if they were unit owners.  Unit owners shall also be given notice, in the manner prescribed in section 33-1248, of all meetings at which lessees may be entitled to vote.

G. Unless the declaration provides otherwise, votes allocated to a unit owned by the association shall not be cast.

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

I. For the purposes of this section, "period of declarant control" means the time during which the declarant or persons designated by the declarant may elect or appoint the members of the board of directors pursuant to the condominium documents or by virtue of superior voting power.
A.R.S. § 33-421 — Arizona Code / Title 33 / Chapter 4 / Article 2 / Section 421
33-421 Recording of liens
Status: in_force

33-421. Recording of liens

A. A nonconsensual lien, other than a lien recorded by a governmental entity or political subdivision or agency, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property, shall not be recorded unless the lien is accompanied by an order or judgment from a court of competent jurisdiction authorizing the filing of the lien.

B. If a nonconsensual lien is accepted for recording as described in subsection A, the recording officer shall accept for recording a notice of invalid lien that is signed and submitted by the attorney general or county attorney.  The attorney general or county attorney shall mail a copy of the notice of invalid lien to the person who is designated as creditor and to the person who recorded the nonconsensual lien at the address of each as stated on the recorded document.  The purported lien is conclusively presumed to be invalid when the invalid lien is recorded.

C. The county recorder shall not record any lien except as prescribed in subsection A or otherwise authorized by law unless the lien is accompanied by the notarized signature of the debtor on a document acknowledging the filing and recording of the lien.

D. A recording officer or a county is not liable for accepting for recording a lien pursuant to this section.

E. A nonconsensual lien that is recorded with the county recorder and that is not recorded by an authorized entity pursuant to subsection A or that is not ordered by the superior court does not affect the marketability of title to the real property described in the nonconsensual lien and shall not constitute actual or constructive notice of any of the matters contained in the lien.
A.R.S. § 33-1408 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1408
33-1408 Jurisdiction and service of process; recovery of attorney fees; treble damages
Status: in_force

33-1408. Jurisdiction and service of process; recovery of attorney fees; treble damages

A. The appropriate court of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter. In addition to any other method provided by rule or by statute, personal jurisdiction over a landlord may be acquired in a civil action or proceeding instituted in the appropriate court by the service of process in the manner provided by this section.

B. If a landlord is not a resident of this state or is a legal entity not authorized to do business in this state and engages in any conduct in this state governed by this chapter, or engages in a transaction subject to this chapter, the landlord shall designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a legal entity authorized to do business in this state. The designation shall be in writing and filed with the secretary of state. If no designation is made and filed or if process cannot be served in this state upon the designated agent, process may be served upon the secretary of state, but the plaintiff or petitioner shall forthwith mail a copy of this process and pleading by certified mail to the defendant or respondent at his last reasonably ascertained address. If there is no last reasonably ascertainable address and if the defendant or respondent has not complied with section 33-1432, subsections A and B, service upon the secretary of state shall be sufficient service of process without the mailing of copies to the defendant or respondent. Service of process shall be deemed complete and the time shall begin to run for the purposes of this section at the time of service upon the secretary of state. The defendant shall appear and answer within thirty days after completion thereof in the manner and under the same penalty as if he had been personally served with the summons. An affidavit of compliance with this section shall be filed with the clerk of the court on or before the return day of the process, if any, or within any further time the court allows. Where applicable, the affidavit shall contain a statement that the defendant or respondent has not complied with section 33-1432, subsections A and B or the affiant could not ascertain compliance by inquiry directed to the secretary of state.

C. In any contested action arising out of an agreement entered into pursuant to this chapter or for violation of any provisions of this chapter, the court may award the successful party reasonable attorney's fees. The award of reasonable attorney's fees shall be made to mitigate the burden of the expense of litigation to establish a just claim or a just defense. The award need not equal or relate to the attorney's fees actually paid or contracted and may not exceed the amount paid or agreed to be paid. Reasonable attorney's fees shall be awarded by the court upon clear and convincing evidence that the claim or defense constitutes harassment, is groundless and is not made in good faith. In making such award, the court may consider such evidence as it deems appropriate and shall receive such evidence during trial on the merits of the cause, or separately, regarding the amount of such fees as it deems in the best interest of the parties.

D. Treble damages may be awarded by the court in any contested action arising under this chapter upon clear and convincing evidence that the claim or defense constitutes harassment, is groundless and is not made in good faith. In making such award, the court may consider such evidence as it deems appropriate and shall receive this evidence during trial on the merits of the case, or separately. If the action is brought in justice court and a party intends to request treble damages, the party shall file with the justice court a pleading stating that treble damages are sought and that the justice court may lawfully award treble damages within the court's jurisdiction of civil actions. In the absence of such pleading, the justice of the peace may not award treble damages. If an opposing party files a verified pleading alleging that with treble damages the amount involved is potentially in excess of the justice court's jurisdiction of civil actions, the provisions of section 22-201, subsection G shall apply.
A.R.S. § 33-271 — Arizona Code / Title 33 / Chapter 2 / Article 4 / Section 271
33-271 Definitions
Status: in_force

33-271. Definitions

In this article, unless the context otherwise requires:

1. "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations for conservation purposes or to preserve the historical, architectural, archaeological or cultural aspects of real property.

2. "Conservation purposes" means any of the following activities which yield a significant public benefit:

(a) Preserving land areas for outdoor recreation by, or the education of, the general public.

(b) Protecting a relatively natural habitat of fish, wildlife or plants or similar ecosystem.

(c) Preserving open space, including farmland and forest land, if the preservation is either:

(i) For the scenic enjoyment of the general public.

(ii) Pursuant to a clearly delineated federal, state or local governmental conservation policy.

3. "Holder" means either:

(a) A governmental body empowered to hold an interest in real property under the laws of this state or the United States.

(b) A charitable corporation or trustee of a charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality or preserving the historical, architectural, archaeological or cultural aspects of real property.

4. "Third party right of enforcement" means a right granted in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation or charitable trust, which, although eligible to be a holder, is not a holder.
A.R.S. § 33-723 — Arizona Code / Title 33 / Chapter 6 / Article 2 / Section 723
33-723 Right of junior lien holder upon foreclosure action by senior lien holder
Status: in_force

33-723. Right of junior lien holder upon foreclosure action by senior lien holder

Any time after an action to foreclose a mortgage or deed of trust is brought, and prior to the sale, a person having a junior lien on the property shall be entitled to an assignment of all the interest of the holder of the mortgage or deed of trust by paying him the amount secured, with interest and costs, together with the amount of any other superior liens of the same holder. The assignee may then continue the action in his name.
A.R.S. § 33-2620 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2620
33-2620 Removal of receiver; replacement; termination of receivership
Status: in_force

33-2620. Removal of receiver; replacement; termination of receivership

A. The court may remove a receiver for cause.

B. The court shall replace a receiver that dies, resigns or is removed.

C. If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over to the successor receiver all receivership property and has filed a report of all receipts and disbursements during the service of the replaced receiver, the replaced receiver is discharged.

D. The court may discharge a receiver and terminate the court's administration of the receivership property if the court finds that appointment of the receiver was improvident or that the circumstances no longer warrant continuation of the receivership.  If the court finds that the appointment was sought wrongfully or in bad faith, the court may assess against the person that sought the appointment:

1. The fees and expenses of the receivership, including reasonable attorney fees and costs.

2. Actual damages caused by the appointment, including reasonable attorney fees and costs.
A.R.S. § 33-817 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 817
33-817 Transfer of secured contract
Status: in_force

33-817. Transfer of secured contract

The transfer of any contract or contracts secured by a trust deed shall operate as a transfer of the security for such contract or contracts.
A.R.S. § 33-1902 — Arizona Code / Title 33 / Chapter 17 / Article 1 / Section 1902
33-1902 Residential rental property; recording with the assessor; agent designation; civil penalty; fee
Status: in_force

33-1902. Residential rental property; recording with the assessor; agent designation; civil penalty; fee

A. An owner of residential rental property shall maintain with the assessor in the county where the property is located information required by this section in a manner to be determined by the assessor.  The owner shall update any information required by this section within ten days after a change in the information occurs.  The following information shall be maintained:

1. The name, address and telephone number of the property owner.

2. If the property is owned by a corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust, the name, address and telephone number of any of the following:

(a) For a corporation, a corporate officer.

(b) For a partnership, a general partner.

(c) For a limited liability company, the managing or administrative member.

(d) For a limited partnership, a general partner.

(e) For a trust, a trustee.

(f) For a real estate investment trust, a general partner or an officer.

3. The street address and parcel number of the property.

4. The year the building was built.

B. An owner of residential rental property who lives outside this state shall designate and record with the assessor a statutory agent who lives in this state and who will accept legal service on behalf of the owner. The owner shall designate the agent in a manner to be determined by the assessor.  The information shall include the name, address and telephone number of the agent.

C. Residential rental property shall not be occupied if the information required by this section is not on file with the county assessor. If the owner has not filed the information required by this section with the county assessor and the residential rental property is occupied by a tenant and the tenant chooses to terminate the tenancy, the tenant shall deliver to the landlord, owner or managing agent of the property a written ten day notice to comply with this section.  The notice shall be delivered by certified mail, return receipt requested, or by hand delivery. If the owner does not comply with this section within ten days after receipt of the notice, the tenant may terminate the rental agreement and the landlord shall return all prepaid rent to the tenant.  Security deposits shall be returned in accordance with section 33-1321, subsection D. The landlord shall return those monies by certified mail, return receipt requested, or by hand delivery to the tenant within ten days after the termination of the rental agreement. This subsection applies to any existing lease and to any new lease after August 25, 2004. Notwithstanding this subsection, an owner is in compliance with this subsection only if the owner had filed the information required by subsection A of this section with the county assessor.

D. All records, files and documents that are required by this section are public records.

E. For residential rental property that is acquired by an owner after the date of the notice of assessed valuation and the notice prescribed by section 42-15103 and until the issuance of the next notice of assessed valuation, a city or town shall assess a civil penalty of one thousand dollars against a person who fails to comply with this section, plus an additional one hundred dollars for each month after the date of the original violation until compliance occurs.  The court shall not suspend any portion of the civil penalty provided by this subsection.

F. Notwithstanding subsection E of this section, if a person complies within ten days after receiving the complaint that notices the violation, the court shall dismiss the complaint and shall not impose a civil penalty.

G. Except for newly acquired residential rental property as prescribed by subsection E of this section, if a residential rental property owner fails to register with the county assessor as prescribed by this section, the city or town may impose a civil penalty in the amount of one hundred fifty dollars per day for each day of violation after the date of the most recent notice of assessed valuation and the notice prescribed by section 42-15103.  If a person complies within ten days after receiving the notice from the county assessor, the court shall dismiss the complaint and shall not impose a civil penalty.

H. In carrying out this section, the county assessor shall have immunity as provided in section 12-820.01.

I. The county assessor may assess a fee of not more than ten dollars for each initial registration and each change of information in the registry.

J. On request from a city or town the county assessor shall provide the most current list of all registered rental property owners within the city's or town's boundaries.
A.R.S. § 33-1413 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1413
33-1413 Terms and conditions of rental agreement
Status: in_force

33-1413. Terms and conditions of rental agreement

A. At the beginning of the tenancy, a signed, written rental agreement must be executed by the landlord or designated agent and a tenant.  The rental agreement shall be executed in good faith by both parties and shall not provide for the waiver of any rights given to either party by other provisions of this chapter.  The rental agreement shall be for a specific period and shall include:

1. The amount of the rent.

2. The amount of any security deposit.

B. If the landlord and tenant agree to the term of the rental agreement, the rental agreement may be for any term.  If the landlord and tenant disagree on the term of the rental agreement, the rental agreement shall be for twelve months.  The initial term of a rental agreement may be for less than twelve months if the reason is to ensure conformity with a standard anniversary date. Any written rental agreement shall have all blank spaces completed, and executed copies of the written rental agreement shall be furnished to all parties within ten days of execution.

C. The rental agreement may include conditions not prohibited by this chapter or other rule of law governing the rights and obligations of the parties.

D. The landlord shall attach to the rental agreement a statement signed by the prospective tenant acknowledging receipt of:

1. The disclosures required in section 33-1432.

2. A current copy of this chapter as prescribed in section 33-1432.

3. A current copy of the rules or regulations adopted pursuant to section 33-1452.

E. Rent shall be payable without demand or notice at the time and place agreed upon by the parties.  Periodic rent is payable at the beginning of any term of one month or less, and thereafter, unless otherwise agreed, in equal monthly installments at the beginning of each month.  Unless otherwise agreed, rent shall be uniformly apportionable from day to day.

F. A landlord shall not prohibit a tenant who is a member of the armed forces of the United States from terminating a rental agreement with less than two weeks' notice to the landlord if he receives reassignment orders which do not allow such prior notification.

G. Notwithstanding any provision of this article to the contrary, upon the expiration or renewal of any rental agreement, the landlord may increase or decrease the total rent or change payment arrangements.  The landlord shall notify the tenant in writing by first class or certified mail or by personal delivery at least ninety days prior to the expiration or renewal of any rental agreement of any such increase or change. Nothing in this subsection requires a landlord to provide cause for any change in rent if the landlord complies with notice requirements.

H. On expiration of a written rental agreement for a specified term or written renewal of a rental agreement, tenancy is on a month-to-month basis unless the landlord, its designated agent or the tenant requests a new written rental agreement.  If the landlord and tenant agree to the term of the rental agreement, the rental agreement may be for any term. If the landlord and tenant disagree on the term of the rental agreement, the rental agreement shall be for twelve months.

I. In addition to any other rental provisions, the landlord is entitled to a rental increase effective at the expiration or renewal of any rental agreement or effective immediately if so provided in a written rental agreement to compensate the landlord for actual costs of insurance, taxes and rate increases for utilities, which shall be substantiated by the landlord in writing to the tenant.

J. As a condition of tenancy the rental agreement may require the prospective tenant to make improvements to the mobile home, including all appurtenances owned by the tenant, and to preserve or upgrade the quality of the mobile home park even if the prospective tenant is purchasing a home already located in the mobile home park.  The improvements shall not exceed the requirements of the rules or regulations of the mobile home park.

K. Notwithstanding subsections A, B and H of this section, the tenant may demand in writing and the landlord shall offer a long-term initial or renewal rental agreement that complies with all of the following:

1. The long-term initial or renewal rental agreement shall be in writing and shall be for a term of four years.  A long-term rental agreement may be for a term of less than four years if the reason is to ensure conformity with a standard park anniversary date.

2. All rents and other fees due during the term of the long-term rental agreement shall be clearly identified in the agreement.

3. The tenant has ten days from the date of receipt of the long-term rental agreement to accept or reject the agreement.  If an agreement is not signed and returned to the landlord within the ten day period, the tenant is deemed to have rejected the agreement.  On rejection of the agreement, subsections A, B and H of this section apply.

L. The rental agreement may contain conditions regarding the removal of a mobile home from the mobile home park and the restoration of a mobile home space by a tenant or a tenant’s successor in interest after removal of the mobile home. The conditions shall not include any provisions regarding environmental liability or environmental remediation, and any environmental liability or environmental remediation requirements shall be governed as otherwise provided by law.
A.R.S. § 33-1419 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1419
33-1419 Inheritance of mobile home; requirements
Status: in_force

33-1419. Inheritance of mobile home; requirements

For any person who inherits a mobile home by will, trust or any other testamentary conveyance, all of the following apply:

1. The person may do either of the following:

(a) Reside in the mobile home on the premises only if the person meets the requirements prescribed for other tenants in the mobile home park, including compliance with age requirements, background checks and signing the mobile home park's standard rental documentation.

(b) Sell the mobile home in accordance with the provisions of this article and the deceased tenant's rental agreement.

2. The person shall pay any amount past due to the landlord from the deceased tenant.

3. The landlord shall apply all of the deceased tenant's prepaid amounts or credits, including security deposits, for the benefit of the person inheriting the mobile home.
A.R.S. § 33-1061 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1061
33-1061 False notice
Status: in_force

33-1061. False notice

Any person who wilfully gives a false stop notice or bonded stop notice or wilfully includes in the notice any labor, professional services, materials, machinery, fixtures or tools not furnished for the property described in that notice forfeits all right to participate in the pro rata distribution of monies, forfeits all right to any lien under article 6 of this chapter and is subject to penalties under section 33-420.
A.R.S. § 33-1226 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1226
33-1226 Easement to facilitate exercise of special declarant rights
Status: reserved

33-1226. Easement to facilitate exercise of special declarant rights

Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration.
A.R.S. § 33-814 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 814
33-814 Action to recover balance after sale or foreclosure on property under trust deed
Status: in_force

33-814. Action to recover balance after sale or foreclosure on property under trust deed

A. Except as provided in subsections F, G and H of this section, within ninety days after the date of sale of trust property under a trust deed pursuant to section 33-807, an action may be maintained to recover a deficiency judgment against any person directly, indirectly or contingently liable on the contract for which the trust deed was given as security including any guarantor of or surety for the contract and any partner of a trustor or other obligor which is a partnership. In any such action against such a person, the deficiency judgment shall be for an amount equal to the sum of the total amount owed the beneficiary as of the date of the sale, as determined by the court less the fair market value of the trust property on the date of the sale as determined by the court or the sale price at the trustee's sale, whichever is higher. A written application for determination of the fair market value of the real property may be filed by a judgment debtor with the court in the action for a deficiency judgment or in any other action on the contract which has been maintained. Notice of the filing of an application and the hearing shall be given to all parties to the action. The fair market value shall be determined by the court at a priority hearing upon such evidence as the court may allow. The court shall issue an order crediting the amount due on the judgment with the greater of the sales price or the fair market value of the real property.  For the purposes of this subsection, "fair market value" means the most probable price, as of the date of the execution sale, in cash, or in terms equivalent to cash, or in other precisely revealed terms, after deduction of prior liens and encumbrances with interest to the date of sale, for which the real property or interest therein would sell after reasonable exposure in the market under conditions requisite to fair sale, with the buyer and seller each acting prudently, knowledgeably and for self-interest, and assuming that neither is under duress. Any deficiency judgment recovered shall include interest on the amount of the deficiency from the date of the sale at the rate provided in the deed of trust or in any of the contracts evidencing the debt, together with any costs and disbursements of the action.

B. If a trustee's sale is a sale of less than all of the trust property or is a sale pursuant to one of two or more trust deeds securing the same obligation, the ninety day time limitations of subsection A of this section shall begin on either the date of the trustee's sale of the last of the trust property to be sold or the date of sale under the last trust deed securing the obligation, whichever occurs last.

C. The obligation of a person who is not a trustor to pay, satisfy or purchase all or a part of the balance due on a contract secured by a trust deed may be enforced, if the person has so agreed, in an action regardless of whether a trustee's sale is held. If, however, a trustee's sale is held, the liability of a person who is not a trustor for the deficiency is determined pursuant to subsection A of this section and any judgment for the deficiency against the person shall be reduced in accordance with subsection A of this section. If any such action is commenced after a trustee's sale has been held, it is subject, in addition, to the ninety day time limitations of subsections A and B of this section.

D. If no action is maintained for a deficiency judgment within the time period prescribed in subsections A and B of this section, the proceeds of the sale, regardless of amount, shall be deemed to be in full satisfaction of the obligation and no right to recover a deficiency in any action shall exist.

E. Except as provided in subsection F of this section, the provisions of this chapter do not preclude a beneficiary from foreclosing a deed of trust in the same manner as a real property mortgage. In an action for the foreclosure of a deed of trust as a real property mortgage the provisions of chapter 6, article 2 of this title are applicable.

F. A deed of trust may, by express language, validly prohibit the recovery of any balance due after trust property is sold pursuant to the trustee's power of sale, or the trust deed is foreclosed in the manner provided by law for the foreclosure of mortgages on real property.

G. If trust property of two and one-half acres or less which is limited to and utilized for either a single one-family or a single two-family dwelling is sold pursuant to the trustee's power of sale, no action may be maintained to recover any difference between the amount obtained by sale and the amount of the indebtedness and any interest, costs and expenses.

H. For deeds of trust that are originated after December 31, 2014, subsection G of this section does not apply to trust property as follows:

1. Trust property owned by a person who is engaged in the business of constructing and selling dwellings that was acquired by the person in the course of that business and that is subject to a deed of trust given to secure payment of a loan for construction of a dwelling on the property for sale to another person.

2. Trust property that contains a dwelling that was never substantially completed.

3. Trust property that contains a dwelling that is intended to be utilized as a dwelling but that is never actually utilized as a dwelling.

I. For the purposes of this section, a dwelling is substantially completed if either of the following occurs:

1. Final inspection is completed, if required by the governmental body that issued the building permit for the dwelling.

2. If a final inspection is not required by the governmental body that issued the building permit, the dwelling has been completed in all material respects as prescribed in the applicable ordinances and regulations of the governmental body that issued the building permit for the dwelling.
A.R.S. § 33-999 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 999
33-999 Right of lienholder to have land and improvements sold together or separately; right of purchaser to possession
Status: in_force

33-999. Right of lienholder to have land and improvements sold together or separately; right of purchaser to possession

A. The person enforcing a lien granted under the provisions of this article may have the lot or land and improvements sold together, or he may have the improvements alone sold when it can be done without material injury to the property beyond the value of the improvements.

B. When the improvements are sold separately, the purchaser shall be placed in possession by the officer conducting the sale and the purchaser shall have the right to remove the improvements within a reasonable time from the date of purchase.
A.R.S. § 33-1305 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1305
33-1305 Administration of remedies; enforcement; notice and pleading requirements
Status: in_force

33-1305. Administration of remedies; enforcement; notice and pleading requirements

A. The remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.

B. Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.

C. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer.  The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer.
A.R.S. § 33-1342 — Arizona Code / Title 33 / Chapter 10 / Article 3 / Section 1342
33-1342 Rules and regulations
Status: in_force

33-1342. Rules and regulations

A. A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. Such rules or regulations are enforceable against the tenant only if:

1. Their purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abusive use or make a fair distribution of services and facilities held out for the tenants generally.

2. They are reasonably related to the purpose for which adopted.

3. They apply to all tenants in the premises in a fair manner.

4. They are sufficiently explicit in prohibition, direction or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply.

5. They are not for the purpose of evading the obligations of the landlord.

6. The tenant has notice of them at the time the tenant enters into the rental agreement.

B. A rule or regulation adopted after the tenant enters into the rental agreement is enforceable against the tenant if a thirty day notice of its adoption is given to the tenant and it does not constitute a substantial modification of the tenant's rental agreement.

C. If state, county, municipal or other governmental bodies adopt new ordinances, rules or other legal provisions affecting existing rental agreements, the landlord may make immediate amendments to lease agreements to bring them into compliance with the law. The landlord shall give a tenant written notice that the tenant's lease agreement has been amended, and the notice shall provide a brief description of the amendment and the effective date.
A.R.S. § 33-1152 — Arizona Code / Title 33 / Chapter 8 / Article 3 / Section 1152
33-1152 Recording; effect
Status: in_force

33-1152. Recording; effect

A. A person must claim the exemption under this article under oath and in writing that establishes that the person is a resident of this state and particularly designates the real and personal property for which the exemption is claimed. The claim shall be recorded in the office of the county recorder in the county where the property is located.

B. From and after the date of recording the claim the property is exempt from process and from sale under a judgment described in section 33-1151 existing before or after recording the claim, and any such sale is void.
A.R.S. § 33-951 — Arizona Code / Title 33 / Chapter 7 / Article 4 / Section 951
33-951 Lien on baggage and property of guests
Status: in_force

33-951. Lien on baggage and property of guests

Hotel, inn, boarding house, lodging house, apartment house and auto camp keepers shall have a lien upon the baggage and other property of their guests, boarders or lodgers, brought therein by their guests, boarders or lodgers, for charges due for accommodation, board, lodging or room rent and things furnished at the request of such guests, boarders or lodgers, with the right to possession of the baggage or other property until the charges are paid.
A.R.S. § 33-2601 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2601
33-2601 Definitions
Status: in_force

33-2601. Definitions

In this chapter, unless the context otherwise requires:

1. "Affiliate" means:

(a) With respect to an individual:

(i) A companion of the individual.

(ii) A lineal ancestor or descendant, whether by blood or adoption, of either the individual or a companion of the individual.

(iii) A companion of an ancestor or descendant described in item (ii) of this subdivision.

(iv) A sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece or grandnephew of the individual, whether related by the whole or the half blood or adoption, or a companion of any of them.

(v) Any other individual occupying the residence of the individual.

(b) With respect to a person other than an individual:

(i) Another person that directly or indirectly controls, is controlled by or is under common control with the person.

(ii) An officer, director, manager, member, partner, employee or trustee or other fiduciary of the person.

(iii) A companion of, or an individual occupying the residence of, an individual described in item (i) or (ii) of this subdivision.

2. "Companion" means:

(a) The spouse of an individual.

(b) The domestic partner of an individual.

(c) Another individual in a civil union with an individual.

3. "Court" means the superior court.

4. "Executory contract" means a contract, including a lease, under which each party has an unperformed obligation and the failure of a party to complete performance would constitute a material breach.

5. "Governmental unit" means an office, department, division, bureau, board, commission or other agency of this state or a subdivision of this state.

6. "Lien" means an interest in property that secures payment or performance of an obligation.

7. "Mortgage" means a record, however denominated, that creates or provides for a consensual lien on real property or rents, even if it also creates or provides for a lien on personal property.

8. "Mortgagee" means a person entitled to enforce an obligation secured by a mortgage.

9. "Mortgagor" means a person that grants a mortgage or a successor in ownership of the real property described in the mortgage.

10. "Owner" means the person for whose property a receiver is appointed.

11. "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

12. "Proceeds" means the following property:

(a) Whatever is acquired on the sale, lease, license, exchange or other disposition of receivership property.

(b) Whatever is collected on, or distributed on account of, receivership property.

(c) Rights arising out of receivership property.

(d) To the extent of the value of receivership property, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to the property.

(e) To the extent of the value of receivership property and to the extent payable to the owner or mortgagee, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to the property.

13. "Property" means all of a person's right, title and interest, both legal and equitable, in real and personal property, tangible and intangible, wherever located and however acquired. Property includes proceeds, products, offspring, rents or profits of or from the property.

14. "Receiver" means a person who is appointed by the court as the court's agent and, subject to the court's direction, to take possession of, manage, and, if authorized by this chapter or court order, transfer, sell, lease, license, exchange, collect or otherwise dispose of receivership property.

15. "Receivership" means a proceeding in which a receiver is appointed.

16. "Receivership property" means the property of an owner that is described in the order appointing a receiver or a subsequent order.  Receivership property includes any proceeds, products, offspring, rents, or profits of or from the property.

17. "Record", used as a noun, means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form.

18. "Rents" means:

(a) Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person.

(b) Sums payable to a mortgagor under a policy of rental-interruption insurance covering real property.

(c) Claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person.

(d) Sums payable to terminate an agreement to possess or occupy real property of another person.

(e) Sums payable to a mortgagor for payment or reimbursement of expenses incurred in owning, operating and maintaining real property or constructing or installing improvements on real property.

(f) Other sums payable under an agreement relating to the real property of another person that constitute rents under law of this state other than this chapter.

19. "Secured obligation" means an obligation the payment or performance of which is secured by a security agreement.

20. "Security agreement" means an agreement that creates or provides for a lien.

21. "Sign" means, with present intent to authenticate or adopt a record, either:

(a) To execute or adopt a tangible symbol.

(b) To attach to or logically associate with the record an electronic sound, symbol or process.

22. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
A.R.S. § 33-1451 — Arizona Code / Title 33 / Chapter 11 / Article 3 / Section 1451
33-1451 Tenant to maintain mobile home space; notice of vacating; clearance for removal; criminal violation
Status: in_force

33-1451. Tenant to maintain mobile home space; notice of vacating; clearance for removal; criminal violation

A. A tenant of a mobile home 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. Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permits.

3. Dispose from the tenant's mobile home space all rubbish, garbage and other waste in a clean and safe manner as prescribed by park rules.

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

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

6. Inform the landlord or manager of the mobile home park at least thirty days before the expiration of the rental agreement that the agreement will not be renewed by the tenant and that the premises will be vacated. If timely notice is not given prior to moving from the mobile home space, the tenant is responsible for rent equal to an amount consistent with the applicable notice period.

B. A tenant shall not remove a mobile home from a mobile home space unless the tenant has received from the landlord a clearance for removal showing that all monies due the landlord as of the date of removal have been paid or that the landlord and tenant have otherwise agreed to the removal. The landlord shall not interfere with the removal of a mobile home for any reason other than nonpayment of monies due as of the date of removal even if the term of the rental agreement has not expired.

C. A person shall not enter a mobile home park and begin work on the removal of a mobile home from a mobile home park without first satisfying the requirements for a clearance for removal as prescribed in section 33-1485.01. A person who has not satisfied the requirements for a clearance for removal as prescribed in section 33-1485.01 and who refuses to leave and remove their removal equipment from the mobile home park on request from the landlord commits criminal trespass in the third degree pursuant to section 13-1502. This subsection does not apply if the landlord refuses to provide the clearance for removal if the requirements in section 33-1485.01 are satisfied.
A.R.S. § 33-1002 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 1002
33-1002 Definitions; inapplicability of certain liens to owner-occupied dwelling; waiver void
Status: in_force

33-1002. Definitions; inapplicability of certain liens to owner-occupied dwelling; waiver void

A. In this section:

1. "Dwelling" means real property upon which there has been constructed or is to be constructed any building, structure or improvement which is designed for either single one-family or single two-family residential purposes or activities related thereto, including an apartment in a horizontal property regime or other condominium.

2. "Owner-occupant" means a natural person who:

(a) Prior to commencement of the construction, alteration, repair or improvement holds legal or equitable title to the dwelling by a deed or contract for the conveyance of real property recorded with the county recorder of the county in which the dwelling is located, and

(b) Resides or intends to reside in the dwelling at least thirty days during the twelve-month period immediately following completion of the construction, alteration, repair or improvement and does not intend to sell or lease the dwelling to others. Residence in the dwelling or intent to reside in the dwelling may be evidenced by the following or other physical acts:

(i) The placing of his or her personal belongings and furniture in the dwelling, and

(ii) Occupancy either by the person or members of his or her family. A single act shall not establish a person as an owner-occupant if such person permits exclusive occupancy by other than members of his or her family for other than temporary purposes thereby negating his or her intent to reside in the dwelling primarily for use as his or her home.

B. No lien provided for in this article shall be allowed or recorded by the person claiming a lien against the dwelling of a person who became an owner-occupant prior to the construction, alteration, repair or improvement, except by a person having executed in writing a contract directly with the owner-occupant.

C. Any provision of an agreement made or entered into by an owner-occupant which waives the provisions of this section is void.
A.R.S. § 33-1302 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1302
33-1302 Purposes
Status: in_force

33-1302. Purposes

Underlying purposes and policies of this chapter are:

1. To simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant.

2. To encourage landlord and tenant to maintain and improve the quality of housing.
A.R.S. § 33-1403 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1403
33-1403 Supplementary principles of law applicable
Status: in_force

33-1403. Supplementary principles of law applicable

Unless displaced by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating cause supplement its provisions.
A.R.S. § 33-2122 — Arizona Code / Title 33 / Chapter 19 / Article 2 / Section 2122
33-2122 Disclosure
Status: in_force

33-2122. Disclosure

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

1. The person authorized to manage the premises.

2. The owner of the premises and, if applicable, a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and providing receipts for notices and demands.

B. The information required to be furnished by this section shall be kept current and refurnished to the tenant on the tenant's request.  If there is a new owner or operator this section extends to and is enforceable against any successor landlord, owner or manager.

C. Failure to comply with subsection A or B of this section renders the manager, any employee and the owner's agent subject to the following:

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

2. Performing the obligations of the landlord under the rental agreement and spending or making available for the purpose of performing the landlord's obligations all rent collected from the premises.

D. Each tenant shall be notified in writing of any rent increase at least sixty days before the increase by first class or certified mail or by personal delivery.

E. Except for renewals of a rental agreement, the landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall provide to the tenant before entering into a rental agreement for a recreational vehicle park trailer space the following:

1. A copy of the Arizona recreational vehicle long-term rental space act.

2. For persons who are purchasing or placing in the park a recreational vehicle that is a park trailer or park model, a notice that the park trailer or park model is governed by the Arizona recreational vehicle long-term rental space act and not the Arizona mobile home parks residential landlord and tenant act.

F. The landlord shall also make available to all tenants a current copy of the Arizona recreational vehicle long-term rental space act.
A.R.S. § 33-1804 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1804
33-1804 Open meetings; exceptions; notice; agenda; policy statement
Status: in_force

33-1804. Open meetings; exceptions; notice; agenda; policy statement

A. Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the members' association and the board of directors, and any regularly scheduled committee meetings, are open to all members of the association or any person designated by a member in writing as the member's representative and all members or designated representatives so desiring shall be allowed to attend and speak at an appropriate time during the deliberations and proceedings. The board may place reasonable time restrictions on those persons speaking during the meeting but shall allow a member or member's designated representative to speak once after the board has discussed a specific agenda item but before the board takes formal action on that item in addition to any other opportunities to speak. The board shall provide for a reasonable number of persons to speak on each side of an issue. Persons attending may audiotape or videotape those portions of the meetings of the board of directors and meetings of the members that are open. The board of directors of the association shall not require advance notice of the audiotaping or videotaping and may adopt reasonable rules governing the audiotaping and videotaping of open portions of the meetings of the board and the membership, but such rules shall not preclude such audiotaping or videotaping by those attending, unless the board audiotapes or videotapes the meeting and makes the unedited audiotapes or videotapes available to members on request without restrictions on their use as evidence in any dispute resolution process. If a board records a meeting that is open to the members, the board shall keep a copy of the recording for at least six months and make the unedited recording available to any member on request in compliance with section 33-1805, subsection A. Any portion of a meeting may be closed only if that closed portion of the meeting is limited to consideration of one or more of the following:

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

2. Pending or contemplated litigation.

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

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

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

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

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

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

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

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

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

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

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

F. It is the policy of this state as reflected in this section that all meetings of a planned community, whether meetings of the members' association or meetings of the board of directors of the association, be conducted openly and that notices and agendas be provided in advance for those meetings that contain the information that is reasonably necessary to inform the members of the matters to be discussed or decided and to ensure that members have the ability to speak after discussion of agenda items, but before a vote of the board of directors or members is taken. Toward this end, any person or entity that is charged with the interpretation of these provisions, including members of the board of directors and any community manager, shall take into account this declaration of policy and shall construe any provision of this section in favor of open meetings.
A.R.S. § 33-1054 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1054
33-1054 Persons authorized; notice to owner; failure to serve notice after demand
Status: in_force

33-1054. Persons authorized; notice to owner; failure to serve notice after demand

Any person entitled to record a claim of lien under article 6 of this chapter, other than the original contractor, may give to the owner a stop notice. Any person entitled to give a stop notice who fails to serve a stop notice within thirty days after a written demand from the owner 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 33-1054".
A.R.S. § 33-1407 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1407
33-1407 Exclusions from application of chapter
Status: in_force

33-1407. Exclusions from application of chapter

A. This chapter does not apply to an occupancy in or operation of public housing as authorized, provided or conducted under or pursuant to title 36, chapter 12, or under or pursuant to any federal law or regulation that might conflict therewith.

B. This chapter does not apply to a mobile home and mobile home space if both are owned by the same person, to recreational vehicles or, except for sections 33-1476.01, 33-1476.02 and 33-1476.03, to travel trailers or to the rental of a mobile home space that is not located in a mobile home park.

C. This chapter does not apply to a mobile home that has not been occupied for residential purposes by one or more persons in its current location with the approval of the landlord since being titled to the mobile home's present owner unless the present owner proves by clear and convincing evidence that the mobile home owner acquired the mobile home for residential purposes but was prohibited from using the mobile home due to circumstances beyond the mobile home owner's control. This subsection includes a mobile home owned by a broker or dealer as defined in section 41-4001.
A.R.S. § 33-1301 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1301
33-1301 Short title
Status: in_force

33-1301. Short title

This chapter shall be known and may be cited as the Arizona residential landlord and tenant act.
A.R.S. § 33-989 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 989
33-989 Lien for labor or material furnished mines and mining claims; priority
Status: in_force

33-989. Lien for labor or material furnished mines and mining claims; priority

A. A person who labors or furnishes materials or merchandise of any kind, designed for or used in or upon a mine or mining claim, and to whom any amount is due for labor, material or merchandise, shall have a lien upon the mine or mining claim for the unpaid amounts.

B. The lien provided for in subsection A shall attach when the labor was performed or the material or merchandise furnished:

1. Under a contract between the person performing the labor or furnishing the material or merchandise and the owner of the mining claim, or his contractor.

2. Under a contract between the person performing the labor or furnishing the material or merchandise and the lessee of the mine or mining claim, or his contractor, where the lease from the owner to the lessee permits the lessee to develop or work the mine or mining claim.

3. Under a contract between persons performing the labor or furnishing the material or merchandise, and any person having an option to buy or contract to purchase the mine or mining claim from the owner thereof, where the option or contract permits the person to go upon the mine or mining claim, and to work or develop it.

C. The lien shall attach to the mine or mining claim in or on which the labor was performed or material or merchandise furnished, in preference to any prior lien or encumbrance or mortgage upon the mine or mining claim.
A.R.S. § 33-222 — Arizona Code / Title 33 / Chapter 2 / Article 2 / Section 222
33-222 Alternative future estates
Status: in_force

33-222. Alternative future estates

Two or more future estates may be created to take effect in the alternative, so that if the first in order fails to vest, the next in succession shall be substituted for it and take effect.
A.R.S. § 33-965 — Arizona Code / Title 33 / Chapter 7 / Article 5 / Section 965
33-965 Entry of reversal or remittitur upon judgment docket; affidavit
Status: in_force

33-965. Entry of reversal or remittitur upon judgment docket; affidavit

When a judgment which has been docketed or recorded is reversed on appeal, and the judgment of reversal is filed, or a remittitur is filed, the clerk shall forthwith make entry thereof on the docket. The entry of such reversal or remittitur shall be made by affidavit to be submitted by such judgment creditor or his counsel, which shall thereupon be recorded and indexed as releases of judgment are recorded and indexed.
A.R.S. § 33-2623 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2623
33-2623 Effect of enforcement by mortgagee
Status: in_force

33-2623. Effect of enforcement by mortgagee

A request by a mortgagee for appointment of a receiver, the appointment of a receiver or application by a mortgagee of receivership property or proceeds to the secured obligation does not:

1. Make the mortgagee a mortgagee in possession of the real property.

2. Make the mortgagee an agent of the owner.

3. Constitute an election of remedies that precludes a later action to enforce the secured obligation.

4. Make the secured obligation unenforceable.

5. Limit any right available to the mortgagee with respect to the secured obligation.
A.R.S. § 33-1310 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1310
33-1310 General definitions
Status: in_force

33-1310. General definitions

Subject to additional definitions contained in subsequent articles of this chapter that apply to specific articles of this chapter, and unless the context otherwise requires, in this chapter:

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

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

3. "Delivery of possession" means returning dwelling unit keys to the landlord and vacating the premises.

4. "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.  Dwelling unit does not include real property used to accommodate a mobile home, unless the mobile home is rented or leased by the landlord.

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

6. "Housing assistance payment" means any payment made to the landlord by a government agency, a public housing authority or any third party on behalf of a government agency, a public housing authority or any for-profit entity pursuant to a separate written rental assistance or subsidy contract between the landlord and the government agency, public housing authority or third party on behalf of a government agency, public housing authority or for-profit entity.  Housing assistance payment does not include any payment made by a faith-based organization, a community action agency program or a nonprofit entity.

7. "Landlord" means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by section 33-1322.

8. "Organization" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest and any other legal or commercial entity that is a landlord, owner, manager or constructive agent pursuant to section 33-1322.

9. "Owner" means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and a right to present use and enjoyment of the premises. The term includes a mortgagee in possession.

10. "Person" means an individual or organization.

11. "Premises" means a dwelling unit and the structure of which it is a part and existing facilities and appurtenances therein, including furniture and utilities where applicable, and grounds, areas and existing facilities held out for the use of tenants generally or whose use is promised to the tenant.

12. "Rent" means payments to be made to the landlord in full consideration for the rented premises.

13. "Rental agreement" means all agreements, written, oral or implied by law, and valid rules and regulations adopted under section 33-1342 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.

14. "Roomer" means a person occupying a dwelling unit that lacks a major bathroom or kitchen facility, in a structure where one or more major facilities are used in common by occupants of the dwelling unit and other dwelling units. Major facility in the case of a bathroom means toilet, or either a bath or shower, and in the case of a kitchen means refrigerator, stove or sink.

15. "Security" means money or property given to assure payment or performance under a rental agreement.  Security does not include a reasonable charge for redecorating or cleaning.

16. "Single family residence" means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and does not share heating facilities, hot water equipment or any other essential facility or service with any other dwelling unit.

17. "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

18. "Term of lease" means the initial term or any renewal or extension of the written rental agreement currently in effect not including any wrongful holdover period.
A.R.S. § 33-1033 — Arizona Code / Title 33 / Chapter 7 / Article 8 / Section 1033
33-1033 Execution of notices and certificates
Status: in_force

33-1033. Execution of notices and certificates

Certification of notices of liens, certificates or other notices affecting federal liens by the secretary of the treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying notice of any other lien, entitles them to be filed or recorded and no other attestation, certification or acknowledgement is necessary.
A.R.S. § 33-1252.01 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1252.01
33-1252.01 Conveyance of certain real property
Status: in_force

33-1252.01. Conveyance of certain real property

A. Real property that is held as an asset of the association and that is not held as a common element of the condominium may be conveyed 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 the conveyance in the manner prescribed in subsection B.

B. An agreement to convey real property that is held as an asset of the association and that is not held as a common element of the condominium shall be evidenced by the execution of an agreement, or ratifications of the agreement, in the same manner as a deed and 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 the real property 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, including the power to execute deeds or other instruments.

D. Except as permitted in this chapter, any purported conveyance or other voluntary transfer of real property is void.

E. A conveyance of real property pursuant to this section does not affect the priority or validity of preexisting encumbrances.

F. Property an association acquires in an assessment lien foreclosure action shall not be considered real property held as an asset of the association for the purpose of this section.
A.R.S. § 33-261 — Arizona Code / Title 33 / Chapter 2 / Article 3 / Section 261
33-261 Rule against perpetuities
Status: in_force

33-261. Rule against perpetuities

The common law rule known as the rule against perpetuities shall hereafter be applicable to all property of every kind and nature and estates and other interests therein, whether personal, real or mixed, legal or equitable by way of trust or otherwise.
A.R.S. § 33-810 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 810
33-810 Sale by public auction; postponement of sale
Status: in_force

33-810. Sale by public auction; postponement of sale

A. On the date and at the time and place designated in the notice of sale, the trustee shall offer to sell the trust property at public auction for cash to the highest bidder.  The trustee may schedule more than one sale for the same date, time and place.  The attorney or agent for the trustee may conduct the sale and act at such sale as the auctioneer for the trustee.  Any person, including the trustee or beneficiary, may bid at the sale.  Only the beneficiary may make a credit bid in lieu of cash at sale.  The trustee shall require every bidder except the beneficiary to provide a ten thousand dollar deposit in any form that is satisfactory to the trustee as a condition of entering a bid.  The trustee or auctioneer may control the means and manner of the auction.  Every bid shall be deemed an irrevocable offer until the sale is completed, except that a subsequent bid by the same bidder for a higher amount shall cancel that bidder's lower bid.  To determine the highest price bid, the trustor or beneficiary present at the sale may recommend the manner in which the known lots, parcels or divisions of the trust property described in the notice of sale be sold.  The trustee shall conditionally sell the trust property under each recommendation, and, in addition, shall conditionally sell the trust property as a whole.  The trustee shall determine which conditional sale or sales result in the highest total price bid for all of the trust property.  The trustee shall return deposits to all but the bidder or bidders whose bid or bids result in the highest bid price. The sale shall be completed on payment by the purchaser of the price bid in a form satisfactory to the trustee.  The subsequent execution, delivery and recordation of the trustee's deed as prescribed by section 33-811 are ministerial acts.  If the trustee's deed is recorded in the county in which the trust property is located within fifteen business days after the date of the sale, the trustee's sale is deemed perfected at the appointed date and time of the trustee's sale.  If the highest price bid at a completed sale is less than the amount of that bidder's deposit, the amount of the deposit in excess of the bid price shall be refunded by the trustee at the time of delivery of the trustee's deed.

B. The person conducting the sale may postpone or continue the sale from time to time or change the place of the sale to any other location authorized pursuant to this chapter by giving notice of the new date, time and place by public declaration at the time and place last appointed for the sale.  Any new sale date shall be a fixed date within ninety calendar days of the date of the declaration.  After a sale has been postponed or continued, the trustee, on request, shall make available the date and time of the next scheduled sale and, if the location of the sale has been changed, the new location of the sale until the sale has been conducted or canceled and providing this information shall be without obligation or liability for the accuracy or completeness of the information.  No other notice of the postponed, continued or relocated sale is required except as provided in subsection C of this section.

C. A sale shall not be complete if the sale as held is contrary to or in violation of any federal statute in effect because of an unknown or undisclosed bankruptcy.  A sale so held shall be deemed to be continued to a date, time and place announced by the trustee at the sale and shall comply with subsection B of this section or, if not announced, shall be continued to the same place and at the same time twenty-eight days later, unless the twenty-eighth day falls on a Saturday or legal holiday, in which event it shall be continued to the first business day thereafter.  In the event a sale is continued because of an unknown or undisclosed bankruptcy, the trustee shall notify by registered or certified mail, with postage prepaid, all bidders who provide their names, addresses and telephone numbers in writing to the party conducting the sale of the continuation of the sale.

D. A sale is postponed by operation of law to the next business day at the same scheduled time and place if an act of force majeure prevents access to the sale location for the conduct of the sale.
A.R.S. § 33-273 — Arizona Code / Title 33 / Chapter 2 / Article 4 / Section 273
33-273 Judicial actions
Status: in_force

33-273. Judicial actions

A. An action affecting a conservation easement may be brought by:

1. An owner of an interest in the real property burdened by the easement.

2. A holder of the easement.

3. A governmental body, charitable corporation or trustee of a charitable trust having a third party right of enforcement.

4. A person authorized by other law.

5. A governmental body if the holder is no longer in existence and there is no third party right of enforcement.

B. This article does not affect the power of a court to modify or terminate a conservation easement under the principles of law and equity. In determining whether to modify or terminate a conservation easement a court shall consider the public interest to be served.

C. In an action under this section, the owner of the real property burdened by the conservation easement, the holder of the conservation easement and any governmental body, charitable corporation or trustee of a charitable trust having a third party right of enforcement shall be named as parties.
A.R.S. § 33-2132 — Arizona Code / Title 33 / Chapter 19 / Article 3 / Section 2132
33-2132 Rules
Status: in_force

33-2132. Rules

A. A landlord shall adopt written rules, however described, concerning the tenant's use and occupancy of the premises. Rules are enforceable against the tenant only if:

1. They apply to all tenants on the premises in a fair manner.

2. They are sufficiently explicit in prohibition, direction or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply.

3. They are not for the purpose of evading the obligations of the landlord.

4. The prospective tenant has a copy of the current rules before entering into the rental agreement.

B. If the owner or agent adds, changes, deletes or amends any rule, the owner or agent shall provide notice in writing of all additions, changes, deletions or amendments to all tenants thirty days before they become effective.  Any rule or condition of occupancy that is unfair and deceptive or that does not conform to the requirements of this chapter is unenforceable. A rule adopted after the tenant enters into the rental agreement is enforceable against the tenant only if the rule does not substantially modify the rental agreement. For purposes of this subsection, notice shall be by personal delivery or mailed by first class or certified mail.

C. A landlord shall not:

1. Deny rental unless the prospective resident cannot conform to park rules. A landlord is not required to enter into an initial recreational vehicle space agreement in excess of one hundred seventy-nine days.

2. Charge an exit fee to a tenant whose rental agreement has expired.

3. Require a person as a precondition to renting, leasing or otherwise occupying a recreational vehicle space in a recreational vehicle or mobile home park to pay an entrance or exit fee, unless the fee is for services that are actually rendered or pursuant to a written agreement.

4. Deny any resident of a recreational vehicle park the right to sell the recreational vehicle at a price of the resident's own choosing during the term of the tenant's rental agreement, but the landlord may reserve the right to approve the purchaser of the recreational vehicle as a tenant.  This permission shall not be unreasonably withheld, except that the landlord may require, in order to preserve or upgrade the quality of the recreational vehicle park, that any recreational vehicle not compatible with the other recreational vehicles in the park, in a rundown condition or in disrepair be removed from the park within sixty days.  Within ten days after a written request by the seller or prospective purchaser, a landlord shall notify the seller and the prospective purchaser in writing of any reasons for withholding approval of a purchase pursuant to this paragraph.  The notice to the prospective purchaser shall identify the reasons for disapproval with reasonable specificity.  The notice to the seller shall identify the reasons in summary fashion consistent with applicable federal and state consumer protection laws and shall inform the seller that the seller should consult with the prospective purchaser for more specific details.

5. Require an existing tenant to furnish permanent improvements that cannot be removed without damage to the improvements or to the recreational vehicle space by a tenant at the expiration of the rental agreement.

6. Prohibit a tenant from advertising the sale or exchange of the tenant's recreational vehicle, including the display of a for sale or open house sign on the recreational vehicle or in the window of the recreational vehicle stating the name and contact information of the owner or agent of the recreational vehicle.  In addition, a tenant may display a sign on a central posting board in the park that is reasonably accessible to the public seven days a week during daylight hours.

7. Require a tenant or prospective tenant to use any specific sales agency, manufacturer, retailer or broker.

8. Require a tenant to place any additional person's name on the title to the recreational vehicle as a condition of tenancy or residency for that additional person or pay a fee or other form of penalty for failing to place an additional person's name on the title to the recreational vehicle.

9. For recreational vehicles as defined in section 33-2102, paragraph 18, subdivision (b), (c) or (d), prohibit a tenant from installing reasonably necessary commercial cooling methods on the tenant's recreational vehicle.

D. The landlord shall not prohibit or adopt a rule that prohibits tenants or a tenant association from meeting with permission of the tenant in the tenant's recreational vehicle or from assembling or meeting with or without invited speakers in the park to discuss issues relating to recreational vehicle or mobile home living and affairs, including the forming of a tenant association.  Such meetings shall be allowed in common facilities if such meetings are held during normal operating hours of the common facility and when the facility is not otherwise in use.  The tenant or tenant association shall be allowed to post notice of a meeting on a bulletin board in the park used for similar notices and shall be allowed to include notice of a meeting in a park newsletter.  Meeting notices and meetings prescribed in this subsection shall not constitute a solicitation.  For the purposes of this subsection, "common facilities" means a recreation hall, a clubhouse, a community center and any outdoor common area meeting location that is used by the tenants.

E. If a tenant dies, any surviving joint tenant or cotenant continues as a tenant with the same rights, privileges and liabilities as if the surviving tenant were the original tenant.

F. A new tenant who brings a recreational vehicle into a park or who purchases an existing recreational vehicle or mobile home shall comply with all rules then in effect.

G. Pursuant to state and federal fair housing laws, a resident who has a disability as defined in section 41-1491 may have one or more persons occupy the recreational vehicle to provide necessary live-in health care, personal care or supportive services if the care or services are necessary to afford the resident with a disability an equal opportunity to use and enjoy the dwelling. The landlord shall not charge a fee for the persons rendering live-in health care, personal care or supportive services. The persons rendering live-in health care, personal care or supportive services have no rights of tenancy. Any agreement between the resident and the persons rendering live-in health care, personal care or supportive services does not modify the rental agreement between the landlord and tenant. The persons rendering live-in health care, personal care or supportive services shall comply with the rules of the park.
A.R.S. § 33-1121.01 — Arizona Code / Title 33 / Chapter 8 / Article 2 / Section 1121.01
33-1121.01 Availability of exemptions
Status: in_force

33-1121.01. Availability of exemptions

In the case of married persons, each spouse is entitled to the exemptions provided in this article, which may be combined with the other spouse's exemption in the same property or taken in different exempt property.
A.R.S. § 33-105 — Arizona Code / Title 33 / Chapter 1 / Article 1 / Section 105
33-105 Recording of certain land surveys; contents
Status: in_force

33-105. Recording of certain land surveys; contents

A. A land surveyor shall file a record of a land survey not later than ninety days after its completion with the county recorder of the county where the land is located if such survey establishes points or lines relating to land boundaries or property lines disclosing:

1. A material discrepancy based on the accuracy requirements of the current survey which, in whole or in part, does not appear on any map or record previously recorded or filed with the county recorder, county engineer, highway division of the department of transportation or the United States bureau of land management.

2. Evidence that, by reasonable analysis, might result in alternate positions of lines or points.

B. The record of survey shall be a reproducible map, legibly drawn, printed or reproduced by a process assuring a permanent record as required by section 11-481.

C. The record of survey map shall show:

1. All monuments found, set, removed, reset or replaced, the kind, size and location of such monuments and all other data relating to such monuments.

2. Bearing and basis of bearings and length of lines to the nearest one one-hundredth of a foot and ties to witness monuments. Other record data may be shown in chains, varas or other units of measurement as implemented by older surveys.

3. Dates of survey, scale of map and north arrow or other means of orientation.

4. Name or designation of tract or grant in which the survey is located, ties to adjoining tracts or grants and section or sections, township, range and political subdivision of this state.

5. Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and areas shown.

D. The record of survey shall be securely fastened by the county recorder into a separate book provided for that purpose. The county recorder shall keep proper indices of such record of survey by the name of grant, tract, subdivision or cadastral subdivisions by United States bureau of land management or general land office.
A.R.S. § 33-1056 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1056
33-1056 Effective notice
Status: in_force

33-1056. Effective notice

A. The stop notice shall be delivered to the owner personally or left at the owner's residence with a person of suitable age and discretion or the owner's place of business. If the notice is served on a construction lender who holds construction monies and who maintains branch offices, it is not effective against the construction lender unless it is given to or served on the manager or other responsible officer or person at the office or branch that administers or holds the construction monies. Any stop notice may be served by certified mail with the same effect as by personal service.

B. Service of a stop notice or bonded stop notice is effective only if the claimant complies with all of the following:

1. Gives any preliminary twenty day notice in accordance with sections 33-992.01 and 33-992.02 only as required by those sections.

2. Serves the stop notice or bonded stop notice before the expiration of the time within which to record a claim of lien under section 33-993.
A.R.S. § 33-1308 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1308
33-1308 Exclusions from application of chapter
Status: in_force

33-1308. Exclusions from application of chapter

Unless created to avoid the application of this chapter, the following arrangements are not covered by this chapter:

1. Residence at an institution, public or private, if incidental to detention, the provision of medical, educational, counseling or religious services or the provision of a social service program that is provided by a social service provider.  For the purposes of this paragraph, "social service provider" means a private entity that directly assists an individual or family in obtaining housing and that offers to provide the individual or family with assistance in obtaining employment, child care, health care, education, skills training, transportation, counseling or any other related service.

2. Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest.

3. Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization.

4. Transient occupancy in a hotel, motel or recreational lodging.

5. Occupancy by an employee of a landlord as a manager or custodian whose right to occupancy is conditional upon employment in and about the premises.

6. Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.

7. Occupancy in or operation of public housing as authorized, provided or conducted under or pursuant to title 36, chapter 12, or under or pursuant to any federal law or regulation.
A.R.S. § 33-412 — Arizona Code / Title 33 / Chapter 4 / Article 2 / Section 412
33-412 Invalidity of unrecorded instruments as to bona fide purchaser or creditor
Status: in_force

33-412. Invalidity of unrecorded instruments as to bona fide purchaser or creditor

A. All bargains, sales and other conveyances whatever of lands, tenements and hereditaments, whether made for passing an estate of freehold or inheritance or an estate for a term of years, and deeds of settlement upon marriage, whether of land, money or other personal property, and deeds of trust and mortgages of whatever kind, shall be void as to creditors and subsequent purchasers for valuable consideration without notice, unless they are acknowledged and recorded in the office of the county recorder as required by law.

B.  Unrecorded instruments, as between the parties and their heirs, and as to all subsequent purchasers with notice thereof, or without valuable consideration, shall be valid and binding.
A.R.S. § 33-1006 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 1006
33-1006 Release of mechanic's and materialman's liens; liability
Status: in_force

33-1006. Release of mechanic's and materialman's liens; liability

A. When any lien established by the provisions of this article has been satisfied, the lienholder shall, within twenty days after satisfaction, issue a release of the lien.

B. When any lien prohibited to be filed against the dwelling of an owner-occupant as defined in section 33-1002 has been recorded, the person claiming the lien shall, within twenty days of the written request of the owner-occupant, issue a release of the lien.

C. The release issued pursuant to this section shall be in document form as specified in section 11-480. Failure to grant such a release shall subject the lienholder or person to liability in the amount of one thousand dollars and also to liability for actual damages.
A.R.S. § 33-1818 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1818
33-1818 Community authority over public roadways; vote of the membership; applicability
Status: in_force

33-1818. Community authority over public roadways; vote of the membership; applicability

A. For any planned community for which the declaration is recorded after December 31, 2014 and notwithstanding any provision in the community documents, after the period of declarant control, an association has no authority over and shall not regulate any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity.

B. After the period of declarant control, for any planned community for which the declaration was recorded before January 1, 2015 and that regulates any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity, the existing regulations continue in effect until either of the following occurs:

1. Not later than June 30, 2025, the planned community shall call a meeting of the membership on the question of whether to continue to regulate public roadways. If the number of owners voting at the meeting on the question is sufficient to constitute a quorum of the membership and a majority of that number votes to continue regulating public roadways in the planned community, the planned community retains its authority to regulate those public roadways.  The board of directors shall record in the office of the county recorder of the county in which the planned community is located a document confirming that the planned community continues to regulate the public roadways.

2. If the vote prescribed by paragraph 1 of this subsection fails or if the planned community does not hold a vote of the membership in compliance with paragraph 1 of this subsection, the planned community no longer has authority to regulate the public roadways in the planned community and any existing regulations expire.

C. This section does not apply to any one-way streets, without regard to ownership, or to any privately owned roadways.
A.R.S. § 33-223 — Arizona Code / Title 33 / Chapter 2 / Article 2 / Section 223
33-223 Time of creation of estates in expectancy
Status: in_force

33-223. Time of creation of estates in expectancy

The time of creation of an estate in expectancy is the time of:

1. Delivery of the grant if the estate in expectancy is created by grant.

2. Death of the testator if the estate in expectancy is created by devise.
A.R.S. § 33-1218 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1218
33-1218 Limited common elements
Status: in_force

33-1218. Limited common elements

A. Except for the limited common elements described in section 33-1212, paragraphs 2 and 4, other than porches, balconies, patios and entryways, the declaration shall specify to which unit or units each limited common element is allocated. The allocation shall not be altered without the consent of the unit owners whose units are affected.

B. Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration. The amendment shall be executed by the unit owners between or among whose units the reallocation is made, shall state the manner in which the limited common elements are to be reallocated and, before recording the amendment, shall be submitted to the board of directors. Unless the board of directors determines within thirty days that the proposed amendment is unreasonable, which determination shall be in writing and specifically state the reasons for disapproval, the association shall execute its approval and record the amendment.

C. A common element not previously allocated as a limited common element shall not be so allocated except pursuant to provisions in the declaration. The allocations shall be made by amendments to the declaration.
A.R.S. § 33-405 — Arizona Code / Title 33 / Chapter 4 / Article 1 / Section 405
33-405 Beneficiary deeds; recording; definitions
Status: in_force

33-405. Beneficiary deeds; recording; definitions

A. A deed that conveys an interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary designated by the owner and that expressly states that the deed is effective on the death of the owner transfers the interest to the designated grantee beneficiary effective on the death of the owner subject to all conveyances, assignments, contracts, mortgages, deeds of trust, liens, security pledges and other encumbrances made by the owner or to which the owner was subject during the owner's lifetime.

B. A beneficiary deed may designate multiple grantees who take title as joint tenants with right of survivorship, tenants in common, a husband and wife as community property or as community property with right of survivorship, or any other tenancy that is valid under the laws of this state.  Unless the beneficiary deed provides otherwise, the interest in real property conveyed by a beneficiary deed is the separate property of the named grantee beneficiary and is not community property.

C. A beneficiary deed may designate a successor grantee beneficiary. If the beneficiary deed designates a successor grantee beneficiary, the deed shall state the condition on which the interest of the successor grantee beneficiary would vest.  Unless the beneficiary deed provides otherwise, if there are no grantee beneficiaries named in the beneficiary deed who survive the owner, the beneficiary deed is void and section 14-2603 does not apply.

D. If real property is owned as joint tenants with the right of survivorship or as community property with the right of survivorship, a deed that conveys an interest in the real property to a grantee beneficiary designated by all of the then surviving owners and that expressly states that the deed is effective on the death of the last surviving owner transfers the interest to the designated grantee beneficiary effective on the death of the last surviving owner. If a beneficiary deed is executed by fewer than all of the owners of real property owned as joint tenants with right of survivorship or community property with right of survivorship, the beneficiary deed is valid if the last surviving owner is one of the persons who executes the beneficiary deed. If the last surviving owner did not execute the beneficiary deed, the transfer shall lapse and the deed is void. An estate in joint tenancy with right of survivorship or community property with right of survivorship is not affected by the execution of a beneficiary deed that is executed by fewer than all of the owners of the real property, and the rights of a surviving joint tenant with right of survivorship or a surviving spouse in community property with right of survivorship shall prevail over a grantee beneficiary named in a beneficiary deed.

E. A beneficiary deed is valid only if the deed is executed and recorded as provided by law in the office of the county recorder of the county in which the property is located before the death of the owner or the last surviving owner.  A beneficiary deed may be used to transfer an interest in real property to the trustee of a trust even if the trust is revocable.

F. A beneficiary deed may be revoked at any time by the owner or, if there is more than one owner, by any of the owners who executed the beneficiary deed.  To be effective, the revocation must be executed and recorded as provided by law in the office of the county recorder of the county in which the real property is located before the death of the owner who executes the revocation.  If the real property is owned as joint tenants with right of survivorship or community property with right of survivorship and if the revocation is not executed by all the owners, the revocation is not effective unless executed by the last surviving owner.

G. If an owner executes and records more than one beneficiary deed concerning the same real property, the last beneficiary deed that is recorded before the owner's death is the effective beneficiary deed.

H. This section does not prohibit other methods of conveying property that are permitted by law and that have the effect of postponing enjoyment of an interest in real property until the death of the owner.  This section does not invalidate any deed otherwise effective by law to convey title to the interests and estates provided in the deed that is not recorded until after the death of the owner.

I. The signature, consent or agreement of or notice to a grantee beneficiary of a beneficiary deed is not required for any purpose during the lifetime of the owner.

J. A beneficiary deed that is executed, acknowledged and recorded in accordance with this section is not revoked by the provisions of a will.

K. A beneficiary deed is sufficient if it complies with other applicable laws and if it is in substantially the following form:

Beneficiary Deed

I (we) _________________________ (owner) hereby convey to _______________ (grantee beneficiary) effective on my (our) death the following described real property:

(Legal description)

If a grantee beneficiary predeceases the owner, the conveyance to that grantee beneficiary shall either (choose one):

[] Become null and void.

[] Become part of the estate of the grantee beneficiary.

_________________________

(Signature of grantor(s))

(acknowledgment).

L. The instrument of revocation shall be sufficient if it complies with other applicable laws and is in substantially the following form:

Revocation of Beneficiary Deed

The undersigned hereby revokes the beneficiary deed recorded on ___________ (date), in docket or book __________ at page ________, or instrument number ____________, records of ________________ county, Arizona.

Dated: _______________________

______________________________

Signature

(acknowledgment).

M. For the purposes of this section:

1. "Beneficiary deed" means a deed authorized under this section.

2. "Owner" means any person who executes a beneficiary deed as provided in this section.
A.R.S. § 33-2121 — Arizona Code / Title 33 / Chapter 19 / Article 2 / Section 2121
33-2121 Security deposits
Status: in_force

33-2121. Security deposits

A. On termination of the tenancy, any security deposit may be applied to the payment of accrued rent, including utilities, and the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with the law if the accrued rent and damages are itemized by the landlord in a written notice delivered to the tenant together with the amount due within fourteen days after termination of the tenancy and delivery of possession by the tenant.

B. The holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.

C. The amount of any security deposit shall not be changed after the tenant executes the initial rental agreement.
A.R.S. § 33-1484 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1484
33-1484 Landlord and tenant remedies for abuse of access
Status: in_force

33-1484. Landlord and tenant remedies for abuse of access

A. If the tenant refuses to allow lawful access, the landlord may terminate the rental agreement and may recover actual damages.

B. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month's rent plus attorney's fees, plus any unused prepaid rent.
A.R.S. § 33-1316 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1316
33-1316 Separation of rents and obligations to maintain property forbidden
Status: in_force

33-1316. Separation of rents and obligations to maintain property forbidden

A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent free of the obligation to comply with section 33-1324, subsection A.
A.R.S. § 33-1052 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1052
33-1052 Stop notice; defect in form
Status: in_force

33-1052. Stop notice; defect in form

A stop notice is not invalid by reason of any defect in form if it is sufficient to substantially inform the owner of the information required by this article.
A.R.S. § 33-1325 — Arizona Code / Title 33 / Chapter 10 / Article 2 / Section 1325
33-1325 Limitation of liability
Status: in_force

33-1325. Limitation of liability

A. Unless otherwise agreed, a landlord, who conveys premises that include a dwelling unit 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 property and money to which the tenant is entitled under section 33-1321.

B. Unless otherwise agreed, a manager of premises that include a dwelling unit 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.
A.R.S. § 33-1481 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1481
33-1481 Remedy after termination
Status: in_force

33-1481. Remedy after termination

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

B. In the execution of any writ of restitution issued pursuant to section 12-1178 or 12-1181, the landlord may provide written instructions to the sheriff or constable not to remove the mobile home from its space, and if those written instructions are provided, the sheriff or constable may fully execute the writ of restitution by removing all occupants and their possessions from the mobile home and from the space it occupies. The mobile home shall then be deemed abandoned and section 33-1478 applies and the landlord may terminate any utility services that are provided by the landlord. An owner of a mobile home in compliance with the provisions of subsection C of this section may recover possession of the owner's mobile home while the title remains in the owner's name.

C. A mobile home that is subject to a judgment for forcible detainer may not be removed from its space until the provisions of section 33-1451, subsection B have been satisfied. The landlord may agree in writing to accept other terms in satisfaction of the judgment. This provision shall not apply to any lienholder of record on the date of judgment or its successors or assigns.
A.R.S. § 33-1067 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1067
33-1067 Interest
Status: in_force

33-1067. Interest

If the plaintiff is the prevailing party in any action against an owner or construction lender to enforce payment of a claim stated in a bonded stop notice, any amount awarded on the claim shall include interest at the legal rate computed from the date the bonded stop notice is served on the owner or construction lender.
A.R.S. § 33-101 — Arizona Code / Title 33 / Chapter 1 / Article 1 / Section 101
33-101 Petition to establish landmarks
Status: in_force

33-101. Petition to establish landmarks

A. A majority of freeholders owning land in any township, as farmers or ranchers, may petition the board of supervisors of the county where the lands are located, requesting a survey of the lands of the township to establish permanent landmarks at section and quarter section corners or lost corner monuments on lands previously surveyed by the United States government.

B. The board of supervisors shall, within thirty days after receiving the petition, notify the county engineer to provide for survey of the lands described in the petition and place monuments of durable material at each section and quarter section corner.

C. The board of supervisors may authorize private funding for the survey if the county cannot fund the survey.
A.R.S. § 33-1132 — Arizona Code / Title 33 / Chapter 8 / Article 2 / Section 1132
33-1132 Waiver of exemption rights void
Status: in_force

33-1132. Waiver of exemption rights void

Notwithstanding any agreement to the contrary, a waiver of the exemption rights provided by this article shall be void and unenforceable, except as specifically provided in section 33-1122 and when done with notice.
A.R.S. § 33-961 — Arizona Code / Title 33 / Chapter 7 / Article 5 / Section 961
33-961 Recording judgments for payment of money; certified copy; perfecting lien; information statement; exemption; retroactive applicability
Status: in_force

33-961. Recording judgments for payment of money; certified copy; perfecting lien; information statement; exemption; retroactive applicability

A. A certified copy of the judgment of any court in this state may be filed and recorded in the office of the county recorder in each county where the judgment creditor desires the judgment to become a lien on the real property of the judgment debtor. On recording in substantial compliance with both the requirements of this section and the requirements of section 33-967 regarding an information statement, the judgment becomes a lien on the real property of the judgment debtor, including any part of the real property of the judgment debtor as otherwise provided by law.  Failure to substantially comply with this section and section 33-967, results in the judgment not becoming a lien. The certified copy of the judgment shall set forth the:

1. Title of the court and the action and number of the action.

2. Date of entry of the judgment and the docket record for the judgment.

3. Names of the judgment debtor and judgment creditor.

4. Amount of the judgment.

5. Attorney of record for the judgment creditor.

B. The clerk shall furnish a certified copy of any judgment of that court on request and payment of the fee prescribed by law.

C. A judgment or decree or any renewal that requires payment of money shall also be accompanied by an information statement as prescribed by section 33-967.

D. Notwithstanding subsections A and C of this section, a civil judgment in favor of this state is exempt from the requirement to record an information statement as prescribed in section 33-967 and becomes a lien on the real property of the judgment debtor when it is recorded in the office of the county recorder. This subsection applies retroactively to all judgments in favor of this state without regard to when the judgment was recorded.
A.R.S. § 33-538 — Arizona Code / Title 33 / Chapter 4 / Article 7 / Section 538
33-538 Uniformity of application and construction
Status: in_force

33-538. Uniformity of application and construction

In applying and construing this article, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
A.R.S. § 33-2148 — Arizona Code / Title 33 / Chapter 19 / Article 4 / Section 2148
33-2148 Retaliatory conduct prohibited; eviction
Status: in_force

33-2148. Retaliatory conduct prohibited; eviction

A. Except as provided in this section, a landlord shall not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for eviction after any of the following:

1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation that applies to the premises and that materially affects health and safety.

2. The tenant has complained to the landlord of a violation under this chapter.

3. The tenant has organized or become a member of a tenants' union or similar organization.

4. The tenant has filed an action seeking relief pursuant to section 33-2107 or has filed any other action against the landlord in an appropriate court.

B. If the landlord acts in violation of subsection A of this section, the tenant is entitled to an amount equal to two months' periodic rent and twice the actual damages sustained by the tenant and has a defense in action against the landlord for eviction, unless the landlord proves good cause for the landlord's action.

C. Notwithstanding subsections A and B of this section, a landlord may bring an action for eviction if either of the following occurs:

1. The violation of an applicable building or housing code was caused primarily by lack of reasonable care by the tenant or another person in the tenant's household or who was on the premises with the tenant's consent.

2. The tenant is in default in rent.  The filing of an action does not release the landlord from liability pursuant to section 33-2141, subsection B.
A.R.S. § 33-1261 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1261
33-1261 Flag display; for sale, rent or lease signs; political signs; political and community activities; applicability; definitions
Status: in_force

33-1261. Flag display; for sale, rent or lease signs; political signs; political and community activities; applicability; definitions

A. Notwithstanding any provision in the condominium documents, an association shall not prohibit the outdoor display of any of the following:

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

2. The POW/MIA flag.

3. The Arizona state flag.

4. An Arizona Indian nations flag.

5. The Gadsden flag.

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

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

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

B. The association shall adopt reasonable rules and regulations regarding the placement and manner of display of the flags prescribed by subsection A of this section. The association rules may regulate the location and size of flagpoles but shall not prohibit installing a flagpole.

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

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

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

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

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

1. Restrict or prohibit door-to-door political activity regarding candidates or ballot issues from sunset to sunrise.

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

3. Prohibit a person who is not accompanied by a unit owner or resident of the condominium from entering the condominium premises if the condominium restricts vehicular or pedestrian access.

E. Notwithstanding any provision in the condominium documents, an association shall not prohibit the indoor or outdoor display of a political sign by a unit owner by placement of a sign on that unit owner's property, including any limited common elements for that unit that are doors, walls or patios or other limited common elements that touch the unit, other than the roof. An association may prohibit the display of political signs as follows:

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

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

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

F. An association may regulate the size and number of political signs that may be placed in the common element ground, on a unit owner's property or on a limited common element for that unit if the association's regulation is not more restrictive than any applicable city, town or county ordinance that regulates the size and number of political signs on residential property. If the city, town or county in which the property is located does not regulate the size and number of political signs on residential property, the association shall not limit the number of political signs, except that the maximum aggregate total dimensions of all political signs on a unit owner's property shall not exceed nine square feet.  An association shall not make any regulations regarding the number of candidates supported, the number of public officers supported or opposed in a recall or the number of propositions supported or opposed on a political sign.

G. An association shall not require political signs to be commercially produced or professionally manufactured or prohibit the utilization of both sides of a political sign.

H. Notwithstanding any provision in the condominium documents, an association may not prohibit or unreasonably restrict the indoor or outdoor display of an association-specific political sign by a unit owner by placement of a sign on that unit owner's property, including any limited common elements for that unit that are doors, walls or patios or other limited common elements that touch the unit, other than the roof. An association may adopt reasonable rules regarding the placement, location and manner of display of association-specific political signs, except an association shall not do any of the following:

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

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

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

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

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

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

J. An association or managing agent that violates subsection C of this section forfeits and extinguishes the lien rights authorized under section 33-1256 against that unit for a period of six consecutive months after the date of the violation.

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

L. An association or managing agent that violates subsection C of this section forfeits and extinguishes the lien rights authorized under section 33-1256 against that unit for a period of six consecutive months after the date of the violation.

M. For the purposes of this section:

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

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

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

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

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

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

4. "Political sign" means a sign or flag that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer.
A.R.S. § 33-2501 — Arizona Code / Title 33 / Chapter 23 / Article 1 / Section 2501
33-2501 Drop box; private property; required consent; exemptions; definitions
Status: in_force

33-2501. Drop box; private property; required consent; exemptions; definitions

A. Any person that places a drop box on private property shall obtain notarized approval that is signed by the private property owner or the private property owner's authorized agent before placing the drop box on the private property, provided the private property owner or the private property owner's authorized agent complies with the requirements of any applicable covenant, condition or restriction on the property where the drop box is to be located.

B. All drop boxes shall display, in a clear and conspicuous manner, the name of the person that owns the drop box and the contact information for the drop box owner, including the person's name, address, telephone number and e-mail address.

C. The private property owner or the private property owner's authorized agent may rescind permission for the placement of a drop box on the private property at any time.  The private property owner or the private property owner's authorized agent shall notify the owner of the drop box by certified mail of the decision to rescind permission for the placement of the drop box.  The notice shall be mailed to the address listed on the drop box. The drop box owner shall remove the drop box within ten business days after receipt of the notification.  If the drop box is not removed after ten business days, the private property owner or the private property owner's authorized agent may dispose of the drop box and its contents.

D. Any drop box that is placed on private property without notarized consent of the private property owner or the private property owner's authorized agent may be removed and disposed of by the private property owner or the private property owner's authorized agent at any time without notification.

E. A private property owner or the private property owner's authorized agent who removes a drop box pursuant to subsection C or D of this section is not liable for the losses associated with the removal of a drop box and its contents.

F. This section does not:

1. Apply to a drop box that is located on private property that is owned by the person that owns the drop box, provided the private property owner or the private property owner's authorized agent complies with the requirements of any applicable covenant, condition or restriction on the property where the drop box is to be located.

2. Preempt a city or town from adopting an ordinance to regulate drop boxes if the ordinance does not conflict with this section.

3. Preempt a county board of supervisors from adopting an ordinance or resolution to regulate drop boxes if the ordinance or resolution does not conflict with this section.

4. Apply to a written license or lease agreement or written contract between the private property owner and the owner of the drop box, provided the private property owner or the private property owner's authorized agent complies with the requirements of any applicable covenant, condition or restriction on the property where the drop box is to be located.

5. Apply to an existing tenant on private property provided the tenant obtains prior approval from the private property owner or the private property owner’s authorized agent of the private property where the drop box is to be located, provided the private property owner or the private property owner's authorized agent complies with the requirements of any applicable covenant, condition or restriction on the property where the drop box is to be located.

6. Create any additional liability, responsibility or duty on another tenant or lessee of the private property.

G. For the purposes of this section:

1. "Drop box" means any container, storage unit or structure, other than a primary building or accessory building, used for the collection of donated items by the general public, including clothing, materials, household goods, toys, books and papers.

2. "Private property owner's authorized agent" means an individual who is either:

(a) If the private property owner is a corporation, a principal executive officer or other corporate officer with signatory powers pursuant to the corporation's bylaws or a vote of the directors.

(b) If the private property owner is a partnership or sole proprietorship, a general partner or proprietor.

(c) A duly authorized representative who is responsible for the overall operation of the private property or who has authority to sign contracts, permits, permit applications, monitoring results and other documents in the private property owner's name.
A.R.S. § 33-303 — Arizona Code / Title 33 / Chapter 3 / Article 1 / Section 303
33-303 Discrimination by landlord or lessor against tenant with children prohibited; classification; exceptions
Status: in_force

33-303. Discrimination by landlord or lessor against tenant with children prohibited; classification; exceptions

A. A person who knowingly refuses to rent to any other person a place to be used for a dwelling for the reason that the other person has a child or children, or who advertises in connection with the rental a restriction against children, either by the display of a sign, placard, written or printed notice, or by publication thereof in a newspaper of general circulation, is guilty of a petty offense.

B. No person shall rent or lease his property to another in violation of a valid restrictive covenant against the sale of such property to persons who have a child or children living with them nor shall a person rent or lease his property to persons who have a child or children living with them when his property lies within a subdivision which subdivision is presently designed, advertised and used as an exclusive adult subdivision. A person who knowingly rents or leases his property in violation of the provisions of this subsection is guilty of a petty offense.
A.R.S. § 33-205 — Arizona Code / Title 33 / Chapter 2 / Article 1 / Section 205
33-205 Vested future estates; contingent future estates
Status: in_force

33-205. Vested future estates; contingent future estates

A. A future estate is vested when there is a person in being who would have immediate right to the possession of the lands upon the termination of the intermediate or precedent estate.

B. A future estate is contingent while the person to whom, or the event upon which it is limited to take effect, remains uncertain.
A.R.S. § 33-963 — Arizona Code / Title 33 / Chapter 7 / Article 5 / Section 963
33-963 Procedure for recording judgment of federal court; lien
Status: in_force

33-963. Procedure for recording judgment of federal court; lien

An abstract of a judgment given by any court of record of the United States within this state shall be recorded in the manner provided in section 33-961 and in compliance with section 33-967, if applicable, before the judgment becomes a lien upon, or in any manner affects or encumbers, the real property of the judgment debtor, or any part thereof.
A.R.S. § 33-1402 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1402
33-1402 Purposes
Status: in_force

33-1402. Purposes

Underlying purposes and policies of this chapter are:

1. To simplify, clarify and establish the law governing the rental of mobile home spaces and rights and obligations of landlord and tenant.

2. To encourage landlord and tenant to maintain and improve the quality of mobile home housing.
A.R.S. § 33-1315 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1315
33-1315 Prohibited provisions in rental agreements
Status: in_force

33-1315. Prohibited provisions in rental agreements

A. A rental agreement shall not provide that the tenant does any of the following:

1. Agrees to waive or to forego rights or remedies under this chapter.

2. Agrees to pay the landlord's attorney fees, except an agreement in writing may provide that  attorney fees may be awarded to the prevailing party in the event of court action and except that a prevailing party in a contested forcible detainer action is eligible to be awarded attorney fees pursuant to section 12-341.01 regardless of whether the rental agreement provides for such an award.

3. Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.

4. Agrees to waive or limit the tenant's right to summon or any other person's right to summon a peace officer or other emergency assistance in response to an emergency.

5. Agrees to payment of monetary penalties or otherwise penalizes the tenant for the tenant summoning or for any other person summoning a peace officer or other emergency assistance in response to an emergency.

B. A provision that is prohibited by subsection A of this section and that is included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited, the tenant may recover actual damages sustained by the tenant and not more than two months' periodic rent.

C. This section does not limit the landlord's right to evict a tenant pursuant to section 33-1368.
A.R.S. § 33-1244 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1244
33-1244 Transfer of special declarant rights
Status: reserved

33-1244. Transfer of special declarant rights

A. A special declarant right created or reserved under this chapter shall not be transferred except by an instrument evidencing the transfer recorded in every county in which any portion of the condominium is located. The instrument is not effective unless executed by the transferee.

B. On transfer of any special declarant right, the liability of a transferor declarant is as follows:

1. A transferor is not relieved of any obligation or liability arising before the transfer.

2. If a transferor retains any special declarant right, the transferor is liable for any obligations or liabilities imposed on a declarant by this chapter or by the declaration relating to the retained special declarant rights and arising after the transfer.

3. A transferor has no liability for any act or omission or any breach of a contractual or warranty obligation arising from the exercise of a special declarant right by a successor declarant.

C. Unless otherwise provided in a mortgage or deed of trust, in case of foreclosure of a mortgage, tax sale, judicial sale, sale by a trustee under a deed of trust, forfeiture of interest of a purchaser under a contract for conveyance of real property or sale under bankruptcy code or receivership proceedings, of any units owned by a declarant or real estate in a condominum subject to development rights, a person acquiring title to all the real estate being foreclosed or sold succeeds to all special declarant rights related to that real estate held by that declarant whether or not the judgment or instrument conveying title provides for transfer of the special declarant rights.

D. The liabilities and obligations of a person who succeeds to special declarant rights are as follows:

1. A successor to any special declarant right, other than a successor described in paragraph 2 of this subsection, is subject to all liabilities and obligations imposed by this chapter or the declaration:

(a) On a declarant which relate to his exercise or nonexercise of special declarant rights.

(b) On his transferor, other than:

(i) Misrepresentations by any previous declarant.

(ii) Warranty obligations on improvements made by any previous declarant or made before the condominium was created.

(iii) Breach of any fiduciary obligation by any previous declarant or his appointees to the board of directors.

(iv) Any liability or obligation imposed on the transferor as a result of the transferor's acts or omissions after the transfer.

2. A successor to special declarant rights under subsection C is subject to liability only for his own acts in the exercise of those special declarant rights.
A.R.S. § 33-137 — Arizona Code / Title 33 / Chapter 1 / Article 3 / Section 137
33-137 Recording, filing, publishing extensions and densifications of the ground marking system
Status: in_force

33-137. Recording, filing, publishing extensions and densifications of the ground marking system

A. Extensions and densifications of the ground marking system of the Arizona coordinate system, 1983, shall be executed in conformity with the standards and specifications of the federal geodetic control committee for first order, second order class I and second order class II surveys and computed on the North American datum, 1983.

B. The results of these surveys shall be published by a competent department of the federal government, such as the national geodetic survey, or a surveyor qualified to practice in this state, in which case the survey results shall bear a certification to the effect that the specifications of the federal geodetic control committee have been followed.

C. Extensions and densifications of the ground marking system by first order, second order class I or second order class II methods only shall be used. Such extensions and densifications shall be integrated with previously established horizontal control stations of equal or higher order to form a matrix or network no part of which shall have positional errors exceeding those specified for class II second order. The spacing intervals shall not exceed three miles.

D. The results of these surveys are public domain and shall be duly recorded in the office of the county recorder of the county where the horizontal control station is situated.
A.R.S. § 33-729 — Arizona Code / Title 33 / Chapter 6 / Article 2 / Section 729
33-729 Purchase money mortgage; limitation on liability
Status: in_force

33-729. Purchase money mortgage; limitation on liability

A. Except as provided in subsections B and C of this section, if a mortgage is given to secure the payment of the balance of the purchase price, or to secure a loan to pay all or part of the purchase price, of a parcel of real property of two and one-half acres or less which is limited to and utilized for either a single one-family or single two-family dwelling, the lien of judgment in an action to foreclose such mortgage shall not extend to any other property of the judgment debtor, nor may general execution be issued against the judgment debtor to enforce such judgment, and if the proceeds of the mortgaged real property sold under special execution are insufficient to satisfy the judgment, the judgment may not otherwise be satisfied out of other property of the judgment debtor, notwithstanding any agreement to the contrary.

B. The balance due on a mortgage foreclosure judgment after sale of the mortgaged property shall constitute a lien against other property of the judgment debtor, general execution may be issued thereon, and the judgment may be otherwise satisfied out of other property of the judgment debtor, if the court determines, after sale upon special execution and upon written application and such notice to the judgment debtor as the court may require, that the sale price was less than the amount of the judgment because of diminution in the value of such real property while such property was in the ownership, possession, or control of the judgment debtor because of voluntary waste committed or permitted by the judgment debtor, not to exceed the amount of diminution in value as determined by such court.

C. For mortgages that are originated after December 31, 2014, subsection A of this section does not apply to real property as follows:

1. Real property owned by a person who is engaged in the business of constructing and selling dwellings that was acquired by the person in the course of that business and that is subject to a mortgage given to secure payment of a loan for construction of a dwelling on the property for sale to another person.

2. Real property that contains a dwelling that was never substantially completed.

3. Real property that contains a dwelling that is intended to be utilized as a dwelling but that is never actually utilized as a dwelling.

D. For the purposes of this section, a dwelling is substantially completed if either of the following occurs:

1. Final inspection is completed, if required by the governmental body that issued the building permit for the dwelling.

2. If a final inspection is not required by the governmental body that issued the building permit, the dwelling has been completed in all material respects as prescribed in the applicable ordinances and regulations of the governmental body that issued the building permit for the dwelling.
A.R.S. § 33-1801 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1801
33-1801 Applicability; exemptions; voluntary election to be subjected to chapter
Status: in_force

33-1801. Applicability; exemptions; voluntary election to be subjected to chapter

A. This chapter applies to all planned communities.

B. Notwithstanding any provisions in the community documents, this chapter does not apply to any school that receives monies from this state, including a charter school, and a school is exempt from regulation or any enforcement action by any homeowners' association that is subject to this chapter.  With the exception of homeschools as defined in section 15-802, schools shall not be established within the living units of a homeowners' association.  The homeowners' association may enter into a contractual agreement with a school district or charter school to allow use of the homeowners' association's common areas by the school district or charter school.

C. This chapter does not apply to either of the following:

1. Timeshare plans or associations that are subject to chapter 20 of this title.

2. Notwithstanding any provision in the community documents, a nonprofit corporation or unincorporated association of owners that is created or incorporated before January 1, 1974 and that does not have authority to enforce covenants, conditions and restrictions related to the use, occupancy or appearance of the separately owned lots, parcels or units in a real estate development, unless a majority of all the members of such a nonprofit corporation or unincorporated association of owners elect in writing to subject the corporation or association to this chapter by recording a notice of election pursuant to subsection D of this section.

D. A nonprofit corporation or unincorporated association of owners that has the power under recorded covenants to assess members to pay the costs and expenses incurred in the performance of obligations created by recorded covenants for a real estate development that does not qualify as a planned community may elect to subject the nonprofit corporation or unincorporated association of owners to this chapter with the written approval of a majority of all the members.  A notice of election to be subject to this chapter shall be recorded by the nonprofit corporation or unincorporated association of owners with the county recorder of the county or counties in which the real estate development is located.  The notice is effective as of the date of the recording of the notice.  Any such election may be rescinded in the same manner as an election and is effective as of the date of the recording of the notice of rescission.
A.R.S. § 33-2302 — Arizona Code / Title 33 / Chapter 21 / Article 1 / Section 2302
33-2302 Applicability; commercial properties
Status: in_force

33-2302. Applicability; commercial properties

This chapter applies only to owners of commercial rental property and their tenants and does not apply to any landlord tenant relationship arising out of the leasing or rental of residential dwelling units that is governed by chapter 10, 11, 19 or 20 of this title.
A.R.S. § 33-1051 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1051
33-1051 Definitions
Status: in_force

33-1051. Definitions

In this article, unless the context otherwise requires:

1. "Bonded stop notice" means a stop notice that is given to any construction lender and that is accompanied by a bond executed solely by one or more surety companies authorized to transact surety business in this state pursuant to title 20, chapter 2, article 1 in an amount equal to one hundred fifty per cent of the amount of the claim on the condition that if the owner, original contractor or construction lender recovers judgment in an action brought on a verified claim or on the lien filed by the claimant, the claimant would have sufficient monies to pay all costs and damages that the owner, original contractor or construction lender may sustain by reason of the stop notice claim or the lien, not exceeding the amount specified in the bond.

2. "Construction lender" means any mortgagee or beneficiary under a deed of trust lending funds all or a portion of which defray the cost of the construction, alteration, repair or improvement or any assignee or successor in interest of either, or any escrow holder or other party holding any monies furnished or to be furnished by the owner or any other person as a source from which to pay construction costs.

3. "Original contractor" means any contractor who has a direct contractual relationship with the owner.

4. "Stop notice" means a written notice that is signed and verified by the claimant or its agent and that states in general terms all of the following:

(a) A description of the labor, professional services, materials, machinery, fixtures or tools furnished or agreed to be furnished by the claimant.

(b) The name of the person to or for whom the labor, professional services, materials, machinery, fixtures or tools were furnished or agreed to be furnished.

(c) The amount in value of the labor, professional services, materials, machinery, fixtures or tools already furnished and the total amount agreed to be furnished.

(d) The amount, if any, of payment received by the claimant for the labor, professional services, materials, machinery, fixtures or tools furnished or agreed to be furnished.

(e) The name and address of the claimant.
A.R.S. § 33-1367 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1367
33-1367 Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services
Status: in_force

33-1367. Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services

If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months' periodic rent or twice the actual damages sustained by him, whichever is greater. If the rental agreement is terminated the landlord shall return all security recoverable under section 33-1321.
A.R.S. § 33-1251 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1251
33-1251 Tort and contract liability
Status: in_force

33-1251. Tort and contract liability

A. An action alleging a wrong done by the association shall be brought against the association and not against any unit owner.

B. A statute of limitation affecting any right of action of the association against the declarant is tolled until the period of declarant control terminates.

C. A unit owner is not precluded from bringing an action against the association because he is a unit owner or a member or officer of the association.

D. Liens resulting from judgments against the association are governed by section 33-1256.
A.R.S. § 33-532 — Arizona Code / Title 33 / Chapter 4 / Article 7 / Section 532
33-532 Definitions
Status: in_force

33-532. Definitions

In this article, unless the context otherwise requires:

1. "Amendment" means a document that removes an unlawful restriction.

2. "Document" means a record recorded or eligible to be recorded in land records.

3. "Governing instrument" means a declaration of a condominium as prescribed in chapter 9 of this title or of a planned community as prescribed in chapter 16 of this title or any document recorded in land records that does any of the following:

(a) Establishes a governing body of an association of owners that is identified in a document and that is responsible for managing common areas or facilities used by more than one owner of a property interest affected by the document.

(b) Requires contribution of assessments or dues from owners of property that is enforceable by a lien on a separate property interest for expenses incurred by a governing body of an association of owners in the performance of obligations established for the common benefit of the owners of the real property described in the document.

(c) Establishes prohibitions, restrictions, covenants or conditions on the transfer, use or occupancy of the real property described in the document that are to be enforced by a governing body of an association of owners identified in a document.

4. "Index" means a system that enables a search for a document in land records.

5. "Land records" means documents and indexes maintained by a recorder.

6. "Owner" means a person that has a fee interest in real property.

7. "Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, instrumentality or other legal entity.

8. "Record", used as a noun, means information that is either of the following:

(a) Inscribed on a tangible medium.

(b) Stored in an electronic or other medium and retrievable in perceivable form.

9. "Recorder" means the county recorder.

10. "Remove" means eliminate any apparent or purportedly continuing effect on title to real property.

11. "Unlawful restriction" means a prohibition, restriction, covenant or condition in a document that interferes with or restricts the transfer, use or occupancy of real property on the basis of race, color, religion, national origin, sex, familial status or disability in violation of state or federal law.