24 chapters · 544 sections in this title.
A.R.S. § 33-1476 Termination or nonrenewal of rental agreement by landlord; noncompliance with rental agreement by tenant; failure to pay rent
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A. The landlord shall specify the reason or reasons for the termination or nonrenewal of any tenancy in the mobile home park. The reason or reasons relied on for the termination or nonrenewal shall be stated in writing with specific facts, so that the date, place and circumstance…
A.R.S. § 33-1476.01 Change in use; notices; compensation for moving expenses; payments by the landlord; applicability
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A. The landlord shall notify the director and all tenants in writing of a change in use at least one hundred eighty days before the change in use. The landlord may not increase rent within ninety days before giving notice of a change in use. B. The landlord shall inform all tenan…
A.R.S. § 33-1476.02 Mobile home relocation fund; investment of monies
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A. The mobile home relocation fund is established consisting of monies collected pursuant to sections 33-1476.03 and 33-2151 and any surcharge collected pursuant to section 33-1437. The director shall administer the fund. B. Fund monies shall be used as prescribed in sections 33-…
A.R.S. § 33-1476.03 Assessments for mobile home relocation fund; waiver
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A. In order to provide monies for the mobile home relocation fund, each owner of a mobile home located in a mobile home park who does not own the land on which the mobile home is located shall pay each year to the state an assessment equal to a rate of $.50 per $100 of the taxabl…
A.R.S. § 33-1476.04 Relocations due to rent increase; mobile home relocation fund; applicability
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A. A tenant is eligible for payment from the mobile home relocation fund if all of the following conditions are met: 1. The tenant resides in a mobile home that is owned by the tenant and that is located in a mobile home park. 2. A rent increase will be effective at the expiratio…
A.R.S. § 33-1476.05 Relocations due to change in age-restricted community use; payment from mobile home relocation fund; applicability
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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…
A.R.S. § 33-1477 Failure to maintain by tenant
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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.R.S. § 33-1478 Remedies for abandonment; required registration
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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.R.S. § 33-1480 Landlord liens; distraint for rent abolished
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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.R.S. § 33-1481 Remedy after termination
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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.R.S. § 33-1482 Recovery of possession limited
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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.R.S. § 33-1483 Periodic tenancy; holdover remedies
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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.R.S. § 33-1484 Landlord and tenant remedies for abuse of access
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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.R.S. § 33-1485 Special detainer actions; service; trial postponement
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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.R.S. § 33-1485.01 Removal of mobile home from mobile home park; violation; joint and several liability
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B. A mobile home shall not be removed from a mobile home park by any tenant, any mobile home owner or any other person or entity unless the person or entity that is removing the mobile home has received from the landlord a written clearance for removal. The landlord shall not int…
A.R.S. § 33-1491 Retaliatory conduct prohibited; eviction
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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.R.S. § 33-1501 Affidavit of affixture for mobile home in mobile home park
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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.R.S. § 33-1551 Duty of owner, lessee or occupant of premises to recreational users or educational users; liability; definitions
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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…
A.R.S. § 33-1571 Real property loans; exercise of due on sale clauses; prohibition
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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.R.S. § 33-1701 Definitions; exception
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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.R.S. § 33-1702 Residential use; prohibition
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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.R.S. § 33-1703 Lien; rental agreement; contents; late fees
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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.R.S. § 33-1704 Enforcement of lien
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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…
A.R.S. § 33-1705 Notice posted in the office
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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…
A.R.S. § 33-1706 Failure to comply; penalty
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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.R.S. § 33-1801 Applicability; exemptions; voluntary election to be subjected to chapter
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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 …
A.R.S. § 33-1802 Definitions
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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.R.S. § 33-1803 Assessment limitation; penalties; notice to member of violation
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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.R.S. § 33-1804 Open meetings; exceptions; notice; agenda; policy statement
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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.R.S. § 33-1805 Association financial and other records
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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.R.S. § 33-1806 Resale of units; information required; fees; civil penalty; definition
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A. For planned communities with fewer than fifty units, a member shall mail or deliver to a purchaser or a purchaser's authorized agent within ten days after receipt of a written notice of a pending sale of the unit, and for planned communities with fifty or more units, the assoc…
A.R.S. § 33-1806.01 Rental property; member and agent information; fee; disclosure
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B. A member may designate in writing a third party to act as the member's agent with respect to all association matters relating to the rental property, except for voting in association elections and serving on the board of directors. The member shall sign the written designation…
A.R.S. § 33-1807 Common expense liens; priority; mechanics' and materialmen's liens; notice
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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.R.S. § 33-1808 Flag display; political signs; caution signs; for sale, rent or lease signs; political and community activities; definitions
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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 by an associa…
A.R.S. § 33-1809 Parking; public service and public safety emergency vehicles; definition
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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 …
A.R.S. § 33-1810 Board of directors; annual audit
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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 …
A.R.S. § 33-1811 Board of directors; contracts; conflict
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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.R.S. § 33-1812 Proxies; absentee ballots; definition
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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.R.S. § 33-1813 Removal of board member; special meeting
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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…
A.R.S. § 33-1814 Slum property; professional management
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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 …
A.R.S. § 33-1815 Association authority; commercial signage
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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.R.S. § 33-1816 Solar energy devices; reasonable restrictions; fees and costs
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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.R.S. § 33-1817 Declaration amendment; design, architectural committees; review
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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.R.S. § 33-1818 Community authority over public roadways; vote of the membership; applicability
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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.R.S. § 33-1819 Artificial turf ban; prohibition; restrictions; attorney fees; applicability
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1. Adopt reasonable rules regarding the installation and appearance of artificial turf if those rules do not prevent installing artificial turf in the same manner that natural grass would be allowed by the community documents. Those rules may regulate the location on the property…
A.R.S. § 33-1820 Declarant control
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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 community, without regard to whether the community documents pr…
A.R.S. § 33-1901 Definitions
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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.R.S. § 33-1902 Residential rental property; recording with the assessor; agent designation; civil penalty; fee
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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.R.S. § 33-1903 Appointment of temporary receiver; term; duties, accounting
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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 …
A.R.S. § 33-1904 Inspections
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A. In addition to any other statute or ordinance providing for the inspection of property, a city, town or county or the state may inspect the residential rental property if either of the following occurs: 1. A property owner fails to comply with the provisions of section 33-1902…