reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1215 - Contents of declaration

33-1215.
Contents of declaration
A. The declaration shall contain:
1. The name of the condominium,  which shall include the word " condominium"  or be followed by the words " a condominium" ,  and the name of the association.
2. The name of every county in which any portion of the condominium is located.
3. A legal description of the real estate included in the condominium.
4. A description of the boundaries of each unit created by the declaration,  including each unit's identifying number.
5. A description of any limited common elements,  other than those specified in section 33-1212,  paragraphs 2 and 4,  but the declaration shall contain a description of any porches,  balconies,  patios and entryways,  if any,  as provided in section 33-1219,  subsection B,  paragraph 11.
6. A description of any development rights and other special declarant rights,  together with a legal description of the real estate to which each of those rights applies,  any time limit within which each of those rights must be exercised and any other conditions or limitations under which the rights described in this paragraph may be exercised or will lapse.
7. An allocation to each unit of the allocated interests in the manner described in section 33-1217.
8. Any restrictions on use,  occupancy and alienation of the units.
9. All matters required by sections 33-1216,  33-1217,  33-1218,  33-1219 and 33-1226 and section 33-1243,  subsection E.
10. A statement that the assessment obligation of the unit owner under section 33-1255 is secured by a lien on the owner's unit in favor of the association pursuant to section 33-1256.
11. If the condominium is a conversion from multifamily rental to condominiums,  a statement containing all of the following:
(a) A statement that the property is a conversion from multifamily rental to condominiums.
(b) The date original construction was completed.
(c) The name and address of the original owner,  builder,  developer and general contractor as shown on the applicable city,  town or county building permit.
(d) The name and address of each subsequent owner as determined by a search of the county recorder's records in the county in which the property is located.
(e) The subdivider's agreement to provide the following information on request:
(i) The name and address of any builder,  developer,  general contractor,  subcontractor,  architect and engineer who designed or made improvements to the property immediately before the first condominium was sold.
(ii) A specific description of all improvements made.
B. If a city,  town or county is unable to produce a building permit as required in subsection A,  paragraph 11,  subdivision (c) of this section,  the subdivider shall submit a letter from the applicable city,  town or county stating that the information required by subsection A,  paragraph 11,  subdivision (c) of this section is not available.
C. The declaration may contain any other matters the declarant deems appropriate.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1216 - Leasehold condominiums

33-1216.
Leasehold condominiums
A. Any lease,  the expiration or termination of which may terminate the condominium or reduce its size,  shall be recorded. Unless the lease otherwise specifically provides for the creation of a leasehold condominium and the rights and benefits set forth in this section,  each lessor of those leases shall sign or otherwise consent to the provisions of the declaration. The declaration shall state all of the following:
1. The recording data for the lease.
2. The date on which the lease is scheduled to expire.
3. A legal description of the real estate subject to the lease.
4. Any right of the unit owners to acquire title to their units free of the lease or a statement that they do not have this right.
5. Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease or that they do not have this right.
6. Any rights of the unit owners to renew the lease and the conditions of any renewal or that they do not have those rights.
B. After the declaration for a leasehold condominium is recorded,  neither the lessor nor his successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of his share of the rent and otherwise complies with all covenants which,  if violated,  would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant.
C. Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.
D. If the expiration or termination of a lease decreases the number of units in a condominium,  the allocated interests shall be reallocated in accordance with section 33-1206,  subsection A as though those units had been taken by eminent domain.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1217 - Allocation of common element interests, votes and common expense liabilities

33-1217.
Allocation of common element interests,  votes and common expense liabilities
A. The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association,  and a portion of the votes in the association,  to each unit and state the formulas used to establish those allocations. Except as otherwise provided in this chapter,  the allocations shall not discriminate in favor of units owned by the declarant.
B. If units may be added to or withdrawn from the condominium,  the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.
C. The declaration may provide:
1. That different allocations of votes shall be made to the units on particular matters specified in the declaration.
2. For cumulative voting only for the purpose of electing members of the board of directors.
3. For class voting on specified issues affecting the class if necessary to protect valid interests of the class.
D. Except for minor variations due to rounding,  the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units must each equal one if stated as fractions or one hundred per cent if stated as percentages. If a discrepancy exists between an allocated interest and the result derived from application of the pertinent formula,  the allocated interest prevails.
E. Except as otherwise permitted by the provisions of this chapter,  the common elements are not subject to partition,  and any purported conveyance,  encumbrance,  judicial sale or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1218 - Limited common elements

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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1219 - Plat

33-1219.
Plat
A. The plat is a part of the declaration. The plat must be clear and legible.
B. The plat shall show:
1. The name of the condominium.
2. The boundaries of the condominium and a legal description of the real estate included in the condominium.
3. The extent of any encroachments on any portion of the condominium.
4. To the extent feasible,  the location and dimensions of all easements serving or burdening any portion of the condominium.
5. The location and dimensions of the vertical boundaries of each unit,  and each unit's identifying number.
6. Any horizontal unit boundaries,  with reference to an established datum,  and each unit's identifying number.
7. Any units with respect to which the declarant has reserved the right to create additional units or common elements,  identified appropriately.
8. The location and dimensions of all real estate subject to the development right of withdrawal identified as such.
9. The location and dimensions of all real estate in which the unit owner will only own an estate for years labeled as a " leasehold condominium" .
10. The distance between noncontiguous parcels of real estate comprising the condominium.
11. The location and dimensions of limited common elements,  including porches,  balconies,  patios and entryways,  other than the limited common elements described in section 33-1212,  paragraphs 2 and 4.
12. Any other matters the declarant deems appropriate.
C. Unless the declaration provides otherwise,  the horizontal boundaries of a part of a unit located outside of a building have the same elevation as the horizontal boundaries of the inside part and need not be depicted on the plat.
D. On exercising any development right,  the declarant shall record a new plat conforming to the requirements of subsections A and B of this section. No new plat need be recorded if the development right exercised was clearly depicted on the original plat and a document is recorded which references the declaration and original plat and declares that the development right has been exercised.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1221 - Alterations of units

33-1221.
Alterations of units
Subject to the provisions of the declaration and other provisions of law,  a unit owner:
1. May make any improvements or alterations to his unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium.
2. Shall not change the appearance of the common elements,  or the exterior appearance of a unit or any other portion of the condominium,  without written permission of the association.
3. After acquiring an adjoining unit or,  if the declaration expressly permits,  an adjoining part of an adjoining unit,  may remove or alter any intervening partition or create apertures in intervening partitions,  even if the partition in whole or in part is a common element,  if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this paragraph is not an alteration of boundaries.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 D,  and except to the extent allowed or required by other provisions of this chapter,  the declaration,  including the plat,  may be amended only by a vote of the unit owners to which at least sixty-seven percent of the votes in the association are allocated,  or any larger majority the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use. The declaration may also provide that the consent of the declarant is required to an amendment during any period of declarant control pursuant to section 33-1243. Within thirty days after the adoption of any amendment pursuant to this subsection,  the association shall prepare,  execute and record a written instrument setting forth the amendment.
B. An action to challenge the validity of an amendment adopted by the association pursuant to this section shall not be brought more than one year after the amendment is recorded.
C. An amendment to the declaration shall be recorded in each county in which any portion of the condominium is located and is effective only on recordation in the same manner as required for the declaration under section 33-1211.
D. Except to the extent expressly allowed or required by other provisions of this chapter,  an amendment shall not create or increase special declarant rights,  increase the number of units or change the boundaries of any unit,  the allocated interests of a unit or the uses to which any unit is restricted,  in the absence of unanimous consent of the unit owners.
E. An amendment shall not terminate or decrease any unexpired development right,  special declarant right or period of declarant control unless the declarant approves.
F. Amendments to the declaration required by this chapter to be executed by the association shall be executed on behalf of the association by any officer of the association designated for that purpose or,  in the absence of designation,  by the president of the association.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1255 - Assessments for common expenses; applicability

33-1255.
Assessments for common expenses;  applicability
A. Until the association makes a common expense assessment,  the declarant shall pay all common expenses. After any assessment has been made by the association,  assessments shall be made at least annually,  based on a budget adopted at least annually by the association.
B. Except for assessments under subsections C,  D,  E and F of this section,  all common expenses shall be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to section 33-1217,  subsection A. Any past due common expense assessment or installment bears interest at the rate established by the board subject to the condominium documents.
C. Unless otherwise provided for in the declaration all of the following apply:
1. Any common expense associated with the maintenance,  repair or replacement of a limited common element shall be equally assessed against the units to which the limited common element is assigned.
2. Any common expense or portion of a common expense benefitting fewer than all of the units shall be assessed exclusively against the units benefitted.
D. Assessments to pay a judgment against the association may be made only against the units in the condominium at the time the judgment was entered,  in proportion to their common expense liabilities.
E. If any common expense is caused by the misconduct of any unit owner,  the association may assess that expense exclusively against that unit.
F. If the declaration so provides,  the common expense assessment for any unit on which construction has not been substantially completed may be an amount which is not less than twenty-five per cent of the common expense assessment for units which have been substantially completed. However,  this reduced common expense assessment shall not be permitted,  unless the declarant is obligated under the declaration to pay to the association any deficiency in monies due to the declarant having paid a reduced common assessment and necessary for the association to be able to timely pay all common expenses.
G. If common expense liabilities are reallocated,  common expense assessments and any installment on the assessments not yet due shall be recalculated in accordance with the reallocated common expense liabilities.
H. This section does not apply to timeshare plans or associations that are subject to chapter 20 of this title.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1257 - Other liens affecting the condominium

33-1257.
Other liens affecting the condominium
A. Except as provided in subsection B of this section,  a legally recorded judgment for money against the association is not a lien on the common elements but is a lien in favor of the judgment lienholder against all of the units in the condominium at the time the judgment was entered. Other property of a unit owner is not subject to the claims of creditors of the association.
B. If the association has granted a mortgage,  deed of trust or security interest in the common elements to a creditor of the association pursuant to section 33-1252,  the holder of that security interest must exercise its right against the common elements before its judgment lien on any unit may be enforced.
C. Whether perfected before or after the creation of the condominium,  if a lien other than a deed of trust or mortgage becomes effective against two or more units,  the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to his unit,  and the lienholder,  on receipt of payment,  shall promptly deliver a release of the lien covering that unit. The amount of the payment shall be proportionate to the ratio which that unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment,  the association shall not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.
D. A judgment against the association shall be indexed in the name of the condominium and the association and shall include the legal description of the unit subject to the lien. When so indexed,  the judgment is notice of the lien against the units.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1258 - Association financial and other records; applicability

33-1258.
Association financial and other records;  applicability
A. Except as provided in subsection B of this section,  all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative. The association shall not charge a member or any person designated by the member in writing for making material available for review. The association shall have ten business days to fulfill a request for examination. On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative,  the association shall have ten business days to provide copies of the requested records. An association may charge a fee for making copies of not more than fifteen cents per page.
B. Books and records kept by or on behalf of the association and the board may be withheld from disclosure to the extent that the portion withheld relates to any of the following:
1. Privileged communication between an attorney for the association and the association.
2. Pending litigation.
3. Meeting minutes or other records of a session of a board meeting that is not required to be open to all members pursuant to section 33-1248.
4. Personal,  health or financial records of an individual member of the association,  an individual employee of the association or an individual employee of a contractor for the association,  including records of the association directly related to the personal,  health or financial information about an individual member of the association,  an individual employee of the association or an individual employee of a contractor for the association.
5. Records relating to the job performance of,  compensation of,  health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association.
C. The association shall not be required to disclose financial and other records of the association if disclosure would violate any state or federal law.
D. This section does not apply to an association for a timeshare plan that is subject to chapter 20 of this title.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1259 - Association as trustee

33-1259.
Association as trustee
With respect to a third person dealing with the association in the association's capacity as a trustee,  the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person,  without actual knowledge that the association is exceeding or improperly exercising its powers,  is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1270 - Department of real estate; enforcement

33-1270.
Department of real estate;  enforcement
A. Nothing in this chapter shall be construed to increase or decrease or otherwise affect any rights or powers granted to the commissioner of the department of real estate under title 32,  chapter 20 with respect to the issuance of public reports.
B. The commissioner of the department of real estate shall require compliance with section 33-1215 and section 33-1219 in connection with the administration of the subdivision laws of this state under title 32,  chapter 20,  article 4. The commissioner shall not be required to administer or enforce any other provisions of this chapter.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1302 - Purposes

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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1303 - Supplementary principles of law applicable

33-1303.
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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1305 - Administration of remedies; enforcement; notice and pleading requirements

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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1308 - Exclusions from application of chapter

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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1312 - Unconscionability

33-1312.
Unconscionability
A. If the court,  as a matter of law,  finds either of the following:
1. A rental agreement or any provision thereof was unconscionable when made,  the court may refuse to enforce the agreement,  enforce the remainder of the agreement without the unconscionable provision,  or limit the application of any unconscionable provision to avoid an unconscionable result.
2. A settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made,  the court may refuse to enforce the settlement,  enforce the remainder of the settlement without the unconscionable provision,  or limit the application of any unconscionable provision to avoid any unconscionable result.
B. If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting,  purpose and effect of the rental agreement or settlement to aid the court in making the determination.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1313 - Notice

33-1313.
Notice
A. A person has notice of a fact if he has actual knowledge of it,  has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person " knows"  or " has knowledge"  of a fact if he has actual knowledge of it.
B. A person " notifies"  or " gives"  a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person " receives"  a notice or notification when it comes to his attention,  or in the case of the landlord,  it is delivered in hand or mailed by registered or certified mail to the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication or delivered to any individual who is designated as an agent by section 33-1322 or,  in the case of the tenant,  it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or,  in the absence of such designation,  to his last known place of residence. If notice is mailed by registered or certified mail,  the tenant or landlord is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed,  whichever occurs first.
C. " Notice, "  knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting the transaction and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence.