Arizona Condominium Act

There are generally two bodies of law that govern HOAs, depending on which category they fall under: Condominium or Planned Community.  The Condominium Act governs most condominium or townhouse communities in Arizona.   The distinguishing feature is that ownership of the common areas is shared in common by all of the unit owners.  The HOA does not own the common area outright in a condominium association. 

 

 

Chapter 9 CONDOMINIUMS
Article 1 General Provisions
33-1201 Applicability
33-1202 Definitions
33-1203 Variation
33-1204 Separate titles and taxation
33-1205 Applicability of local ordinances, rules and building codes
33-1206 Eminent domain
33-1207 Severability
Article 2 Creation, Alteration and Termination of Condominiums
33-1211 Creation of condominium
33-1212 Unit boundaries
33-1213 Construction and validity of declaration and bylaws
33-1214 Description of units
33-1215 Contents of declaration
33-1216 Leasehold condominiums
33-1217 Allocation of common element interests, votes and common expense liabilities
33-1218 Limited common elements
33-1219 Plat
33-1220 Exercise of development rights
33-1221 Alterations of units
33-1222 Relocation of boundaries between adjoining units
33-1223 Subdivision of units
33-1224 Easement for encroachments
33-1225 Use for sale purposes
33-1226 Easement to facilitate exercise of special declarant rights
33-1227 Amendment of declaration
33-1228 Termination of condominium
33-1229 Rights of secured lenders
33-1230 Merger or consolidation of condominiums
Article 3 Management of the Condominium
33-1241 Organization of unit owners' association
33-1242 Powers of unit owners' association; notice to unit owner of violation
33-1243 Board of directors and officers; conflict; powers; limitations; removal; annual audit; applicability
33-1244 Transfer of special declarant rights
33-1245 Termination of contracts and leases of declarant; applicability
33-1246 Bylaws
33-1247 Upkeep of the condominium
33-1248 Open meetings; exceptions
33-1249 Quorums; applicability
33-1250 Voting; proxies; absentee ballots; applicability; definition
33-1251 Tort and contract liability
33-1252 Conveyance or encumbrance of common elements
33-1252.01 Conveyance of certain real property
33-1253 Insurance
33-1254 Surplus monies
33-1255 Assessments for common expenses; applicability
33-1256 Lien for assessments; priority; mechanics' and materialmen's liens; applicability
33-1257 Other liens affecting the condominium
33-1258 Association financial and other records; applicability
33-1259 Association as trustee
33-1260 Resale of units; information required; applicability; definition
33-1261 Flag display; for sale signs; political petitions; applicability
Article 4 Administration of the Condominium Act
33-1270 Department of real estate; enforcement

 

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