Title 33, Property

A. The landlord shall notify the director and all tenants in writing of a change in use at least sixty days before a change in the age-restricted community to an all-age community use as defined by the housing for older persons act of 1995. B. A tenant is eligible for payment fro…

If there is noncompliance by the tenant with section 33-1451 materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within ten days a…

A. If the tenant abandons the mobile home unit on a mobile home space, it is incumbent upon the landlord to locate the legal owner or lienholder of the mobile home unit within ten days and communicate to him his liability for any costs incumbered for the mobile home space for suc…

A. A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before the effective date of this chapter. B. Distraint for rent is abolished.

A. If the rental agreement is terminated, the landlord may have a claim for possession of the mobile home space and for rent and a separate claim for actual damages for breach of the rental agreement. B. In the execution of any writ of restitution issued pursuant to section 12-11…

A landlord may not recover or take possession of the mobile home space by action or otherwise, including wilful diminution of services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, except in case of aba…

A. The landlord may terminate a tenancy only as provided in this chapter. B. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tena…

A. If the tenant refuses to allow lawful access, the landlord may terminate the rental agreement and may recover actual damages. B. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which h…

A. Special detainer actions shall be instituted for remedies prescribed in section 33-1476, subsection D, paragraph 3. Except as provided in this section, the procedure and appeal rights prescribed in title 12, chapter 8, article 4 apply to special detainer actions. B. The summon…

A. A tenant or a tenant's successor in interest shall provide the landlord with a written notification of intent to remove a mobile home from a mobile home space. The notification shall include the date the mobile home will be removed from the mobile home park, the name, address …

A. Except as provided in this section, a landlord shall not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for eviction after any of the following: 1. The tenant has complained to a governmental agency charged with responsibil…

A. Notwithstanding any other statute, a person who owns a mobile home that is located in a mobile home park on real property that is not owned by that person may file an affidavit of affixture with the county recorder of the county in which the real property is located if all of …

A. A public or private owner, easement holder, lessee, tenant, manager or occupant of premises is not liable to a recreational user or educational user except on a showing that the owner, easement holder, lessee, tenant, manager or occupant was guilty of wilful, malicious or gros…

Notwithstanding any provisions of title 6 to the contrary, as provided by the thrift institutions restructuring act, P.L. 97-320, section 341, subsection (c)(1)(A) the real property loans defined and described therein are regulated as follows: 1. From and after October 14, 1987, …

A. In this article, unless the context otherwise requires: 1. "Default" means the failure to perform on time any obligation or duty set forth in the rental agreement. 2. "Department" means the Arizona game and fish department in the case of motorized watercraft and the department…

A. An operator shall not knowingly permit a leased space at a self-service storage facility to be used for residential purposes. B. An occupant shall not use a leased space for residential purposes.

A. The operator of a self-service storage facility has a possessory lien from the date the rent is unpaid and due on all personal property stored within the leased space for rent, late fees and labor or other charges, and for expenses reasonably incurred in its sale, as provided …

A. If the occupant is in default for a period of more than thirty days, the operator may foreclose the lien by selling the property stored in the leased space at a public sale, for cash, or if the property is protected property, by disposing of the property pursuant to this secti…

Each operator acting pursuant to this article shall at all times keep posted in a prominent place in the operator's office or on the premises of the self-service storage facility, a notice that reads as follows: Articles stored pursuant to a rental agreement may be sold or dispos…

Any person aggrieved by a violation of any provision of this article may bring a civil action. In any civil action brought for a violation of this article, in addition to any award for damages, the court may impose a civil penalty not to exceed five hundred dollars and may award …

A. This chapter applies to all planned communities. B. Notwithstanding any provisions in the community documents, this chapter does not apply to any school that receives monies from this state, including a charter school, and a school is exempt from regulation or any enforcement …

In this chapter and in the community documents, unless the context otherwise requires: 1. "Association": (a) Means a nonprofit corporation or unincorporated association of owners that is created pursuant to a declaration to own and operate portions of a planned community and that…

A. Unless limitations in the community documents would result in a lower limit for the assessment, the association shall not impose a regular assessment that is more than twenty percent greater than the immediately preceding fiscal year's assessment without the approval of the ma…

A. Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the members' association and the board of directors, and any regularly scheduled committee meetings, are open to all members of the association or any person designated…

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 c…

A. For planned communities with fewer than fifty properties, a member shall electronically transmit or deliver to a purchaser or a purchaser's designated agent the information required by this subsection within ten days after acceptance of the purchaser's offer to purchase. For p…

A. A member may use the member's property as a rental property unless prohibited in the declaration and shall use it in accordance with the declaration's rental time period restrictions. B. A member may designate in writing a third party to act as the member's agent with respect …

A. The association has a common expense lien on a property for any assessment levied against that property from the time the assessment becomes due. The association's common expense lien may be foreclosed in the same manner as a mortgage on real estate but may be foreclosed only …

A. Notwithstanding any provision in the community documents, an association shall not prohibit the outdoor front yard or backyard display of any of the following: 1. The American flag or an official or replica of a flag of the uniformed services of the United States, including a …

A. Notwithstanding any provision in the community documents, an association shall not prohibit a resident from parking a motor vehicle on a street or driveway in the planned community if the vehicle is required to be available at designated periods at the person's residence as a …

Unless any provision in the planned community documents requires an annual audit by a certified public accountant, the board of directors shall provide for an annual financial audit, review or compilation of the association. The audit, review or compilation shall be completed no …

If any contract, decision or other action for compensation taken by or on behalf of the board of directors would benefit any member of the board of directors or any person who is a parent, grandparent, spouse, child or sibling of a member of the board of directors or a parent or …

A. Notwithstanding any provision in the community documents, after termination of the period of declarant control, votes allocated to a unit may not be cast pursuant to a proxy. The association shall provide for votes to be cast in person and by absentee ballot and, in addition, …

A. Notwithstanding any provision of the declaration or bylaws to the contrary, all of the following apply to a meeting at which a member of the board of directors, other than a member appointed by the declarant, is proposed to be removed from the board of directors: 1. The member…

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 planned community, the association is responsible for enforcing any requirement for a licensed property management firm that is imposed by …

Notwithstanding any provision in the community documents, after an association has approved a commercial sign, including its registered trademark that is located on properties zoned for commercial use in the planned community, the association, including any subsequently elected b…

A. Notwithstanding any provision in the community documents, an association shall not prohibit the installation or use of a solar energy device as defined in section 44-1761. B. An association may adopt reasonable rules regarding the placement of a solar energy device if those ru…

A. Notwithstanding any provision in the community documents, an association may not prohibit the backyard installation or use of a shade structure. B. An association may adopt reasonable rules regarding the size, placement or appearance of a shade structure if those rules do not …

A. Except during the period of declarant control, or if during the period of declarant control with the written consent of the declarant in each instance, the following apply to an amendment to a declaration: 1. The declaration may be amended by the association, if any, or, if th…

A. For any planned community for which the declaration is recorded after December 31, 2014 and notwithstanding any provision in the community documents, after the period of declarant control, an association has no authority over and shall not regulate any roadway for which the ow…

A. Except as prescribed in subsection B of this section and notwithstanding any provision in the community documents, in any planned community that allows natural grass on a member's property, after the period of declarant control, the association may not prohibit installing or u…

Notwithstanding any provision in the community documents: 1. Each declaration that provides for a period of declarant control of the association shall also provide for a date of or method for calculating the date of the termination of declarant control. 2. For every planned commu…

A. The association has a duty to act reasonably in the exercise of its discretionary powers. B. For the purposes of this section, "duty to act reasonably" includes the duty to exercise discretionary powers neutrally, fairly, without favoritism and in a nonarbitrary fashion.

In this article, unless the context otherwise requires: 1. "Managing agent" means a person, corporation, partnership or limited liability company that is authorized by the owner to operate and manage the property. 2. "Residential rental property" means property that is used solel…

A. An owner of residential rental property shall maintain with the assessor in the county where the property is located information required by this section in a manner to be determined by the assessor. The owner shall update any information required by this section within ten da…

A. This state or a city, town or county of this state may apply to the superior court for the appointment of a temporary receiver to manage a property that is designated as a slum property by a city, town or county or the state. B. If the court determines that the appointment of …