The Arizona Condominium Act

The Arizona Condominium Act is a set of statutes enacted by the Arizona legislature that applies to the governance and operation of condominiums and condominium associations in the state of Arizona. The Act is set forth in Title 33, Chapter 9, of the Arizona Revised Statutes (A.R.S. § 33-1201 et seq.), and applies to “all condominiums created within this state without regard to the date the condominium was created.”

All condominium owners in Arizona should take the time to read through these statutes to gain a better understanding of the laws that govern their rights and obligations as condominium owners. In addition to understanding the Arizona Condominium Act, condominium owners should carefully review the Association’s governing documents, including the Declaration of Covenants, Conditions, and Restrictions (“CC&Rs”), and any rules and regulations adopted by the Association’s Board of Directors.

Set forth below is an index of the Arizona Condominium Act and links to the text of the statutes that make up the Act as currently set out on the Arizona State Legislature’s website.

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; notice; 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; fees; civil penalty; applicability; definition

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

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

ARTICLE 4 - ADMINISTRATION OF THE CONDOMINIUM ACT

33-1270 - Department of real estate; enforcement

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Limitations on Arizona HOA's Ability to Collect Legal Fees