reglab/housing_qa huggingface dataset:
AZ Rev Stat § 33-1222 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1222 - Relocation of boundaries between adjoining units

33-1222.  Relocation of boundaries between adjoining units If the declaration expressly permits,  the boundaries between or among adjoining units may be relocated by an amendment to the declaration. The owners of the units shall prepare an amendment to the declaration,  including the plat,  that identifies the units involved,  specifies the altered boundaries of the units and their dimensions and includes the units' identifying numbers. If the owners of the adjoining units have specified a reallocation between their units of the allocated interests,  the amendment shall state the proposed reallocation in a reasonable manner. The amendment shall be executed by the owners of those units,  shall contain words of conveyance between or among them 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.
AZ Rev Stat § 33-1223 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1223 - Subdivision of units

33-1223.  Subdivision of units If the declaration expressly permits,  a unit may be subdivided into two or more units. A unit owner shall prepare an amendment to the declaration,  including the plat,  which identifies the unit involved,  specifies the boundaries of each unit created and its dimensions,  assigns an identifying number to each unit created and allocates the allocated interests formerly allocated to the subdivided unit to the new units in a reasonable manner. The amendment shall be executed by the owner of the unit to be subdivided and,  before recording,  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.
AZ Rev Stat § 33-1224 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1224 - Easement for encroachments

33-1224.  Easement for encroachments To the extent that any unit or common element encroaches on any other unit or common element as a result of original construction,  shifting or settling,  or alteration or restoration authorized by the declaration,  a valid easement for the encroachment exists.
AZ Rev Stat § 33-1225 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1225 - Use for sale purposes

33-1225.  Use for sale purposes A declarant may maintain sales offices,  management offices and models in units or on common elements in the condominium unless: 1. The declaration provides otherwise. 2. Such use is prohibited by another provision of law or local ordinances.
AZ Rev Stat § 33-1226 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1226 - Easement to facilitate exercise of special declarant rights

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.
AZ Rev Stat § 33-1227 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1227 - Amendment of declaration

33-1227.  Amendment of declaration A. Except in cases of amendments that may be executed by a declarant under section 33-1220,  by the association under section 33-1206 or section 33-1216,  subsection D,  or by certain unit owners under section 33-1218,  subsection B,  section 33-1222,  section 33-1223 or section 33-1228,  subsection B,  and except to the extent permitted or required by other provisions of this chapter,  the declaration,  including the plat,  may be amended only by a vote of the unit owners to which at least sixty-seven per cent of the votes in the association are allocated,  or any larger majority the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use. The declaration may also provide that the consent of the declarant is required to an amendment during any period of declarant control pursuant to section 33-1243. Within thirty days after the adoption of any amendment pursuant to this subsection,  the association shall prepare,  execute and record a written instrument setting forth the amendment. B. An action to challenge the validity of an amendment adopted by the association pursuant to this section shall not be brought more than one year after the amendment is recorded. C. An amendment to the declaration shall be recorded in each county in which any portion of the condominium is located and is effective only on recordation in the same manner as required for the declaration under section 33-1211. D. Except to the extent expressly permitted or required by other provisions of this chapter,  an amendment shall not create or increase special declarant rights,  increase the number of units or change the boundaries of any unit,  the allocated interests of a unit or the uses to which any unit is restricted,  in the absence of unanimous consent of the unit owners. E. An amendment shall not terminate or decrease any unexpired development right,  special declarant right or period of declarant control unless the declarant approves. F. Amendments to the declaration required by this chapter to be executed by the association shall be executed on behalf of the association by any officer of the association designated for that purpose or,  in the absence of designation,  by the president of the association.
AZ Rev Stat § 33-1229 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1229 - Rights of secured lenders

33-1229.  Rights of secured lenders The declaration may require that all or a specified number or percentage of the mortgagees,  beneficiaries of deeds of trust or sellers under contracts,  as defined in section 33-741,  for conveyance of real property encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions,  but requirement for approval shall not operate to either: 1. Deny or delegate control over the general administrative affairs of the association by the unit owners or the board of directors. 2. Prevent the association or the board of directors from commencing,  intervening in or settling any litigation or proceeding,  or receiving and distributing any insurance proceeds pursuant to section 33-1253.
AZ Rev Stat § 33-1230 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1230 - Merger or consolidation of condominiums

33-1230.  Merger or consolidation of condominiums A. Any two or more condominiums,  by agreement of the unit owners as provided in subsection B,  may be merged or consolidated into a single condominium. In the event of a merger or consolidation,  unless the agreement otherwise provides,  the resultant condominium is,  for all purposes,  the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association which shall hold all powers,  rights,  obligations,  assets and liabilities of all preexisting associations. B. An agreement of two or more condominiums to merge or consolidate pursuant to subsection A shall be evidenced by an agreement prepared,  executed,  recorded and certified by the president of the association of each of the preexisting condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. Any such agreement shall be recorded in each county in which a portion of the condominium is located and is not effective until recorded. A merger or consolidation of two or more condominiums shall be considered an amendment to the declaration of each of the condominiums merged or consolidated. C. Every merger or consolidation agreement shall provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either by stating: 1. The reallocations or the formulas on which they are based. 2. The percentage of overall allocated interests of the new condominium which are allocated to all of the units comprising each of the preexisting condominiums,  and providing that the portion of the percentages allocated to each unit formerly comprising a part of the preexisting condominium must be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominiums.
AZ Rev Stat § 33-1241 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1241 - Organization of unit owners' association

33-1241.  Organization of unit owners' association A unit owners' association shall be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners or,  following termination of the condominium,  of all former unit owners entitled to distributions of proceeds under section 33-1228,  or their heirs,  successors or assigns. The association shall be organized as a profit or nonprofit corporation or as an unincorporated association.
AZ Rev Stat § 33-1244 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1244 - Transfer of special declarant rights

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.
AZ Rev Stat § 33-1245 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1245 - Termination of contracts and leases of declarant; applicability

33-1245.  Termination of contracts and leases of declarant;  applicability A. A contract for any of the following,  if entered into before the board of directors elected by the unit owners pursuant to section 33-1243,  subsection G takes office,  shall contain a provision in the contract that the contract may be terminated without penalty by the association at any time after the board of directors elected by the unit owners takes office: 1. Any management contract or employment contract. 2. Any other contract or lease between the association and a declarant or an affiliate of a declarant. 3. Any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing. B. The board of directors shall notify the appropriate contractual party of the termination at least thirty days before termination. C. This section does not apply to any lease if the termination of the lease would terminate the condominium or reduce its size. D. If a contract covered by this section fails to contain the provisions required by subsection A of this section,  the contract is voidable at the option of the association.  E. This section does not apply to timeshare plans or associations that are subject to chapter 20 of this title.
AZ Rev Stat § 33-1246 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1246 - Bylaws

33-1246.  Bylaws A. At the time the unit owners' association is organized,  the association shall adopt bylaws which provide for each of the following: 1. The number of members of the board of directors and the titles of the officers of the association. 2. Election by the board of directors of a president,  treasurer,  secretary and any other officers of the association which the bylaws specify. 3. The qualifications,  powers and duties,  terms of office and manner of electing and removing board members and officers and filling vacancies. 4. Which,  if any,  of its powers the board of directors or officers may delegate to other persons or to a managing agent. 5. Which of its officers may execute,  certify and record amendments to the declaration on behalf of the association. 6. The method of amending the bylaws. B. Subject to the provisions of the declaration,  the bylaws may provide for any other matters the association deems necessary and appropriate.
AZ Rev Stat § 33-1247 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1247 - Upkeep of the condominium

33-1247.  Upkeep of the condominium A. Except to the extent provided by the declaration,  subsection C of this section or section 33-1253,  subsection B,  the association is responsible for maintenance,  repair and replacement of the common elements and each unit owner is responsible for maintenance,  repair and replacement of the unit. On reasonable notice,  each unit owner shall afford to the association and the other unit owners,  and to their agents or employees,  access through the unit reasonably necessary for those purposes. If damage is inflicted on the common elements or any unit through which access is taken,  the unit owner responsible for the damage,  or the association if it is responsible,  is liable for the prompt repair of the damage. B. For any residential rental units that have been declared a slum property by the city or town pursuant to section 33-1905 and that are in the condominium complex,  the association is responsible for enforcing any requirement for a licensed property management firm that is imposed by a city or town pursuant to section 33-1906. C. In addition to the liability borne by the declarant as a unit owner under this chapter,  the declarant alone is liable for the maintenance,  repair and replacement of any portion of the common elements which the declarant reserves the right to withdraw from the condominium,  as long as the unit owner maintains that right.
AZ Rev Stat § 33-1249 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1249 - Quorums; applicability

33-1249.  Quorums;  applicability A. Unless the bylaws provide otherwise,  a quorum is present throughout any meeting of the association if persons entitled to cast at least twenty-five per cent of the votes in the association are present in person or by proxy at the beginning of the meeting. B. Unless the bylaws specify a larger percentage,  a quorum is deemed present throughout any meeting of the board of directors if persons entitled to cast at least fifty per cent of the votes on that board are present at the beginning of the meeting.  C. This section does not apply to timeshare plans or associations that are subject to chapter 20 of this title.
AZ Rev Stat § 33-1251 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1251 - Tort and contract liability

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.
AZ Rev Stat § 33-1252 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1252 - Conveyance or encumbrance of common elements

33-1252.  Conveyance or encumbrance of common elements A. Portions of the common elements may be conveyed or subjected to a mortgage,  deed of trust or security interest by the association if persons entitled to cast at least eighty per cent of the votes in the association,  or any larger percentage the declaration specifies,  agree to that action in the manner prescribed in subsection B,  except that all the owners of units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a mortgage,  deed of trust or security interest. The declaration may specify a smaller percentage only if all of the units in the condominium are restricted exclusively to nonresidential uses. Proceeds of the sale or encumbrance of the common elements are an asset of the association. B. An agreement to convey common elements or subject them to a mortgage,  deed of trust or security interest shall be evidenced by the execution of an agreement,  or ratifications of the agreement,  in the same manner as a deed,  by the requisite number of unit owners. The agreement shall specify a date after which the agreement will be void unless previously recorded. The agreement and all ratifications of the agreement shall be recorded in each county in which a portion of the condominium is situated and are effective only on recordation. C. The association,  on behalf of the unit owners,  may contract to convey common elements or subject them to a mortgage,  deed of trust or security interest,  but the contract is not enforceable against the association until approved pursuant to subsections A and B. Thereafter,  the association has all powers necessary and appropriate to effect the conveyance or encumbrance,  including the power to execute deeds or other instruments. D. Except as permitted in this chapter,  any purported conveyance,  encumbrance,  judicial sale or other voluntary transfer of common elements is void. E. A conveyance or encumbrance of common elements pursuant to this section does not deprive any unit of its rights of access and support. F. A conveyance or encumbrance of common elements pursuant to this section does not affect the priority or validity of preexisting encumbrances.
AZ Rev Stat § 33-1252.01 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1252.01 - Conveyance of certain real property

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.
AZ Rev Stat § 33-1254 (2021)
2021 Arizona Revised Statutes|Title 33 - Property|§ 33-1254 - Surplus monies

33-1254.  Surplus monies Unless otherwise provided in the declaration,  any surplus monies of the association remaining after payment of or provision for common expenses and any prepayment of reserves shall be paid to the unit owners in proportion to their common expense liabilities or credited to them to reduce their future common expense assessments.