Title 33 - Property

Chapter 9, Condominiums, Sec. 33-1201-33-1270

Construction and validity of declaration and bylaws

Article 2, Creation, Alteration and Termination of Condominiums, § 33-1213

Source: Arizona Revised Statutes

  1. All provisions of the condominium documents are severable.
  2. The rule against perpetuities shall not be applied to defeat any provision of the condominium documents.
  3. Except to the extent inconsistent with this chapter:
    1. If a conflict exists between the provisions of the declaration and the other condominium documents, the declaration prevails.
    2. If a conflict exists between the provisions of the articles of incorporation and the bylaws or rules, the articles of incorporation prevail.
    3. If a conflict exists between the provisions of the bylaws and the rules, the bylaws prevail.
  4. Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of any condominium documents to comply with this chapter.

Source: This content is sourced from the online version of the Arizona Revised Statutes located at www.azleg.gov.

Disclaimer: These statutes are provided as a courtesy by CHDB Law LLP. CHDB Law cannot guarantee that the statutes set forth on the website or in our published guide will not be found to be defective by a court or other tribunal after the date the books or online material are published. The HOA Knowledge Base does not attempt to include every statute that could apply to a community association issue. There may be other statutes or applicable laws that have a bearing on a particular legal issue confronted by a community association. These statutes are provided as a reference only. If a particular legal issue is confronted by a community association, the association should seek legal advice from competent attorneys.

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