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