Section: Miscellaneous Statutes

1. If the governor declares a state of emergency for a public health pandemic pursuant to title 26, chapter 2, a person or provider that acts in good faith to protect a customer, student, tenant, volunteer, patient, guest or neighbor or the public from injury from the public health pandemic is not liable for damages in any civil action for any injury, death or loss to person or property that is based on a claim that the person or provider failed to protect the customer, student, tenant, volunteer, patient, guest, neighbor or public from the effects of the public health pandemic unless it is proven by clear and convincing evidence that the person or provider failed to act or acted and the failure to act or action was due to that person’s or provider’s wilful misconduct or gross negligence. A person or provider is presumed to have acted in good faith if the person or provider adopted and implemented reasonable policies related to the public health pandemic.
2. This section applies to all claims that are filed before or after September 29, 2021 for an act or omission by a person or provider that occurred on or after March 11, 2020 and that relates to a public health pandemic that is the subject of the state of emergency declared by the governor.
3. This section does not apply to any claim that is subject to title 23, chapter 6.
4. For the purposes of this section, “provider” means any of the following:
   1. A person who furnishes consumer or business goods or services or entertainment.
   2. An educational institution or district.
   3. A school district or charter school.
   4. A property owner, property manager or property lessor or lessee.
   5. A nonprofit organization.
   6. A religious institution.
   7. This state or an agency or instrumentality of this state.
   8. A local government or political subdivision of this state, including a department, agency or commission of a local government or political subdivision of this state.
   9. A service provider as defined in section 36-551.
   10. A health professional as defined in section 32-3201, including a person who is supervised by the health professional in the course of providing health care services.
   11. A health care institution as defined in section 36-401.

1. If the governor declares a state of emergency for a public health pandemic pursuant to title 26, chapter 2, a health professional or health care institution that acts in good faith is not liable for damages in any civil action for an injury or death that is alleged to be caused by the health professional’s or health care institution’s action or omission while providing health care services in support of this state’s response to the state of emergency declared by the governor unless it is proven by clear and convincing evidence that the health professional or health care institution failed to act or acted and the failure to act or action was due to that health professional’s or health care institution’s wilful misconduct or gross negligence. 
2. Subsection A of this section applies to any action or omission that is alleged to have occurred during a person’s screening, assessment, diagnosis or treatment and that is related to the public health pandemic that is the subject of the state of emergency or any action or omission that occurs in the course of providing a person with health care services and that is unrelated to the public health pandemic that is the subject of the state of emergency if the health professional’s or health care institution’s action or omission was in good faith support of this state’s response to the state of emergency, including any of the following:
   1. Delaying or canceling a procedure that the health professional determined in good faith was a nonurgent or elective dental, medical or surgical procedure.
   2. Providing nursing care or procedures.
   3. Altering a person’s diagnosis or treatment in response to an order, directive or guideline that is issued by the federal government, this state or a local government.
   4. An act or omission undertaken by a health professional or health care institution because of a lack of staffing, facilities, equipment, supplies or other resources that are attributable to the state of emergency and that render the health professional or health care institution unable to provide the level or manner of care to a person that otherwise would have been required in the absence of the state of emergency.
3. A health professional or health care institution is presumed to have acted in good faith if the health professional or health care institution relied on and reasonably attempted to comply with applicable published guidance relating to the public health pandemic that was issued by a federal or state agency.  This subsection does not prohibit a party from introducing any other evidence that proves the health professional or health care institution acted in good faith.
4. In the case of a claim against a nursing care institution or residential care institution, where the care in question did not directly relate to the public health pandemic, the burden is on the facility to prove that the act or omission was a direct result of having to provide care to patients needing treatment for the pandemic or due to limitations in equipment, supplies or staff caused by the pandemic.
5. This section applies to all claims that are filed before or after September 29, 2021 for an act or omission by a person that occurred on or after March 11, 2020 and that relates to a public health pandemic that is the subject of the state of emergency declared by the governor.
6. This section does not apply to any claim that is subject to title 23, chapter 6.
7. For the purposes of this section:
   1. “Health care institution” has the same meaning prescribed in section 36-401 and includes an ambulance service as defined in section 36-2201.
   2. “Health professional” has the same meaning prescribed in section 32-3201 and includes an ambulance attendant as defined in section 36-2201.

1. In a contested dwelling action, the court or tribunal may award the prevailing party with respect to a contested issue reasonable attorney fees and taxable costs.  A purchaser is deemed the prevailing party with respect to a contested issue if the relief obtained by the purchaser for that contested issue, exclusive of any fees and taxable costs, is more favorable than the repairs or replacements and offers made by the seller before the purchaser filed a dwelling action pursuant to section 12-1363. The seller is deemed the prevailing party with respect to a contested issue if the relief obtained by the purchaser for that contested issue, exclusive of any fees and taxable costs, is not more favorable than the repairs or replacements and offers made by the seller before the purchaser filed a dwelling action pursuant to section 12-1363.
2. An award of attorney fees pursuant to this section is limited to the amount of fees actually and reasonably incurred with respect to the contested issue for which the party has been deemed the prevailing party.  In determining whether the fees actually incurred with respect to a contested issue are reasonable, the court or tribunal shall consider all of the following:
   1. The repairs, replacements or offers made by the seller, if any, before the purchaser filed the dwelling action pursuant to section 12-1363.
   2. The purchaser’s response to the seller’s repairs, replacements or offers made or proposed, if any, before the purchaser filed the dwelling action pursuant to section 12-1363.
   3. The relation between the fees incurred over the duration of the dwelling action and the value of the relief obtained with respect to the contested issue.
   4. The amount of fees incurred in responding to any unsuccessful motions, claims and defenses during the duration of the dwelling action.
3. This section does not alter, prohibit or restrict present or future contracts that may provide for attorney fees or expert witness fees.
4. Notwithstanding any other law, in a contested dwelling action that involves a single purchaser, the court or tribunal may award the prevailing party with respect to the contested issue reasonable expert witness fees. The determination of the prevailing party and the reasonableness of the expert witness fees shall be made using the same criteria used in determining the award of attorney fees pursuant to subsections A and B of this section.  This subsection does not apply to a dwelling action that involves more than one purchaser or an action that is consolidated with any other dwelling action.  The expert witness fees prescribed in this subsection are in addition to the taxable costs authorized by section 12-332.
5. For the purposes of this section:
   1. “Contested issue” means an issue that relates to an alleged construction defect and that is contested by a purchaser following the conclusion of the repair and replacement procedures prescribed in section 12-1363.
   2. “Purchaser” means any person or entity, including the current owner of the dwelling, who files a dwelling action during the time period described in section 12-552.

1. Except with respect to claims for alleged construction defects involving an immediate threat to the life or safety of persons occupying or visiting the dwelling, a purchaser must first comply with this article before filing a dwelling action.
2. A seller and the seller’s construction professional who receive a written notice of claim pursuant to section 12-1363 have a right pursuant to section 12-1363 to repair or replace any alleged construction defects after sending or delivering to the purchaser a written notice of intent to repair or replace the alleged construction defects.  The seller and the seller’s construction professional do not need to repair or replace all of the alleged construction defects.  A purchaser may not file a dwelling action until the seller and the seller’s construction professional have completed all intended repairs and replacements of the alleged construction defects.
3. If a seller or a seller’s construction professional presents a notice received pursuant to section 12-1363 to an insurer that has issued an insurance policy to the seller or the seller’s construction professional that covers the seller’s or the seller’s construction professional’s liability arising out of a construction defect or the design, construction or sale of the property that is the subject of the notice, the insurer must treat the notice as a notice of a claim subject to the terms and conditions of the policy of insurance.  An insurer must work cooperatively and in good faith with the insured seller or the seller’s construction professional within the time frames specified in this article to effectuate the purpose of this article.  This subsection does not affect the coverage available under the policy of insurance or create a cause of action against an insurer whose actions were reasonable under the circumstances, notwithstanding its inability to comply with the time frames specified in section 12-1363.
4. Subject to Arizona rules of court, the identified construction professionals shall be joined as third-party defendants, if feasible.  Subject to Arizona rules of court, for each construction defect found to exist, the trier of fact in any dwelling action filed pursuant to this article shall first determine if a construction defect exists and the amount of damages caused by the defect and identify each seller or construction professional whose conduct, whether by action or omission, may have caused, in whole or in part, any construction defect. The purchaser has the burden of proof to demonstrate the existence of a construction defect and the amount of the damages caused by the construction defect. The trier of fact shall thereafter determine the relative degree of fault of any defendant or third-party defendant. The trier of fact shall allocate the pro rata share of liability based on relative degree of fault. The seller has the burden to prove the pro rata share of liability of any third-party defendant.  The determination of whether a construction defect exists, the amount of damages caused by the construction defect and who may have caused, in whole or in part, the construction defect shall be bifurcated from and take place in a separate phase of the trial or alternative dispute resolution process from the determination of the relative degree of fault of any defendant or third-party defendant, unless the court finds that bifurcation is not appropriate.
5. The legislature finds and determines that given the complexity and multiparty nature of dwelling actions, it is important to provide a streamlined process for the resolution of construction defect claims and indemnification claims between the seller and the construction professionals that is efficient, economical and convenient for the parties involved. The legislature further finds and determines that for the majority of dwelling actions, bifurcation of the issues of the existence of a defect and causation from the issue of apportionment of fault is more efficient, fair and convenient for the parties.  It is the legislature’s intent that the bifurcation process prescribed in subsection D of this section does not alter the seller’s liability under the seller’s implied warranty to the purchaser. It is the legislature’s intent that the bifurcation process prescribed in subsection D of this section be used and that the issues of existence of a construction defect, damages, causation and apportionment of fault be tried in one trial unless the court finds that the circumstances of the particular case at issue render bifurcation inappropriate.

1. When a lien is recorded or notice given by any person other than a contractor, the contractor shall defend any action brought thereon.
2. During pendency of such action the owner may withhold the amount sued for, and if judgment is given upon the lien, he may deduct from any amount due or to become due from him to the contractor the amount of the judgment and costs.
3. If the owner has settled with the contractor in full, or if such an amount is not owing to the contractor, the owner may recover back from the contractor the amount so paid by him, and for which the contractor was the party originally liable.
4. Any contractor, subcontractor or other person who is obligated by statute, contract or agreement to defend, remove, compromise or pay any claim of lien or action and who undertakes such activity has the rights of the owner and beneficial title holder against all persons concerning such activity, as specified in sections 33-420 and 33-994.
5. If any contractor or other person institutes an action to foreclose a lien pursuant to this article, the court may, at its discretion, award the prevailing party on the lien claim all reasonable expenses incurred in the action including attorney fees, other professional services and bond premiums under section 33-1004.

In this chapter, unless the context otherwise requires:

1. “Community documents” means condominium documents as defined in section 33-1202 or community documents as defined in section 33-1802, including covenants, conditions and restrictions and deed restrictions applicable to the dwelling.
2. “Dwelling” means a newly constructed single family or multifamily unit designed for residential use and property and improvements that are either owned by a homeowners’ association or jointly by all of the members of a homeowners’ association. Dwelling includes the systems, other components and improvements that are part of a newly constructed single family or multifamily unit at the time of construction.
3. “Good faith” means honesty in fact in the conduct or transaction concerned.
4. “Homeowners’ association” means an association as defined in section 33-1202 or 33-1802.
5. “Homeowners’ association dwelling action” means any action involving a construction defect as defined in section 12-1361 filed by a homeowners’ association against the seller of a dwelling arising out of or related to the design, construction, condition or sale of the dwelling.
6. “Seller” means any of the following:
   1. Any person, firm, partnership, corporation, association or other organization that is engaged in the business of building or selling dwellings.
   2. Any person, firm, partnership, corporation, association or other organization that performs functions relating to or furnishes the design, specifications, surveying, planning, supervising, testing, constructing or observation of the constructing of a dwelling.
   3. A real estate broker or salesperson as defined in section 32-2101.

In this article, unless the context otherwise requires:

1. “Confidential information”:
   1. Includes the following information whether it concerns individual taxpayers or is aggregate information for specifically identified taxpayers:
      1. Returns and reports filed with the department for income tax, withholding tax, transaction privilege tax, luxury tax, use tax, property tax, excise tax on marijuana and severance tax.
      2. Applications to receive a license or registration for transaction privilege tax, luxury tax, use tax, excise tax on marijuana and withholding tax.
      3. Information discovered concerning taxes and receipts by the department, whether or not by compulsory process.
      4. Return information obtained from the United States internal revenue service and United States bureau of alcohol, tobacco and firearms.
      5. Information supplied at the special request of the department by a taxpayer that the taxpayer requests to be held in confidence.
      6. Guidelines, standards or procedures that are established by the department for, or other information relating to, selecting returns or taxpayers for examination or settling or compromising any tax liability.
      7. A taxpayer’s identity, the nature, source or amount of the taxpayer’s income, payments, receipts, deductions, exemptions, credits, assets, liabilities, net worth, tax liability, tax withheld, deficiencies, overassessments or tax payments, whether the taxpayer’s return was, is being or will be examined or subject to investigation, collection or processing or any other data received by, recorded by, prepared by, furnished to or collected by the department with respect to a return or with respect to the termination, or possible existence, of liability of any person for any tax, penalty or interest imposed pursuant to this title or title 43.
      8. Information supplied by an employee to an employer regarding the employee’s election to have the employee’s withholding tax reduced for the purposes of contributions to qualifying charitable organizations, qualified school tuition organizations or public schools pursuant to section 43-401, subsection G.
   2. Does not include information that is otherwise a public record.
2. “Report” includes a notice of insurance payments, a request for a release of a bank account and an inventory of a safe deposit box.
3. “Return” includes any form prescribed by the department and any supporting schedules, attachments and lists.
4. “Tax administration” includes assessment, collection, investigation, litigation, statistical gathering functions, enforcement, policy making functions or management of those functions of the tax revenue laws of this state.
5. “Tax official” means a nonelected employee or the nonelected employee’s designee or agent who is responsible for tax administration.
6. “Taxpayer”, with respect to a joint return, means either party.

In this article, unless the context otherwise requires:

1. “Association” means either of the following:
   1. The unit owners’ association organized under section 33-1241.
   2. A nonprofit corporation or unincorporated association of owners created pursuant to a declaration to own and operate portions of a planned community and which has the power under the declaration to assess association members to pay the costs and expenses incurred in the performance of the association’s obligations under the declaration.
2. “Community documents” means the declaration, bylaws, articles of incorporation, if any, and rules, if any.
3. “Construction codes” means the building, plumbing, electrical, fire, mechanical or other codes or ordinances, including the international residential code however denominated, as adopted, amended and enforced by the city, town or county in which the dwelling is located.
4. “Construction defect” means a material deficiency in the design, construction, manufacture, repair, alteration, remodeling or landscaping of a dwelling that is the result of one of the following:
   1. A violation of construction codes applicable to the construction of the dwelling.
   2. The use of defective materials, products, components or equipment in the design, construction, manufacture, repair, alteration, remodeling or landscaping of the dwelling.
   3. The failure to adhere to generally accepted workmanship standards in the community.
5. “Construction professional” means an architect, contractor, subcontractor, developer, builder, builder vendor, supplier, engineer or inspector performing or furnishing the design, supervision, inspection, construction or observation of the construction of any improvement to real property.
6. “Dwelling” means a single or multifamily unit designed for residential use and common areas and improvements that are owned or maintained by an association or by members of an association.  A dwelling includes the systems, other components and improvements that are part of a single or multifamily unit at the time of construction.
7. “Dwelling action” means any action involving a construction defect brought by a purchaser against the seller of a dwelling arising out of or related to the design, construction, condition or sale of the dwelling.
8. “Material deficiency” means a deficiency that actually impairs the structural integrity, the functionality or the appearance of the dwelling at the time of the claim, or is reasonably likely to actually impair the structural integrity, the functionality or the appearance of the dwelling in the foreseeable future if not repaired or replaced.
9. “Purchaser” means any person or entity who files a dwelling action.
10. “Seller” means any person, firm, partnership, corporation, association or other organization that is engaged in the business of designing, constructing or selling dwellings, including construction professionals.  Seller does not include a real estate broker or real estate salesperson as defined in section 32-2101 who provides services in connection with the resale of a dwelling following its initial sale.

In this article, unless the context otherwise requires:

1. “Amendment” means a document that removes an unlawful restriction.
2. “Document” means a record recorded or eligible to be recorded in land records.
3. “Governing instrument” means a declaration of a condominium as prescribed in chapter 9 of this title or of a planned community as prescribed in chapter 16 of this title or any document recorded in land records that does any of the following:
   1. Establishes a governing body of an association of owners that is identified in a document and that is responsible for managing common areas or facilities used by more than one owner of a property interest affected by the document.
   2. Requires contribution of assessments or dues from owners of property that is enforceable by a lien on a separate property interest for expenses incurred by a governing body of an association of owners in the performance of obligations established for the common benefit of the owners of the real property described in the document.
   3. Establishes prohibitions, restrictions, covenants or conditions on the transfer, use or occupancy of the real property described in the document that are to be enforced by a governing body of an association of owners identified in a document.

4. “Index” means a system that enables a search for a document in land records.
5. “Land records” means documents and indexes maintained by a recorder.
6. “Owner” means a person that has a fee interest in real property.
7. “Person” means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, instrumentality or other legal entity.
8. “Record”, used as a noun, means information that is either of the following:
   1. Inscribed on a tangible medium.
   2. Stored in an electronic or other medium and retrievable in perceivable form.

9. “Recorder” means the county recorder.
10. “Remove” means eliminate any apparent or purportedly continuing effect on title to real property.
11. “Unlawful restriction” means a prohibition, restriction, covenant or condition in a document that interferes with or restricts the transfer, use or occupancy of real property on the basis of race, color, religion, national origin, sex, familial status or disability in violation of state or federal law.

1. As a condition for valuation under this article, the subdivider of a residential subdivision, on approval of the subdivision by the state real estate department pursuant to title 32, chapter 20, article 4, or the community or homeowners’ association that owns the common area shall record a deed restriction with the county recorder and file a copy of the restriction with the county assessor restricting the property to use as a common area.
2. If the property is converted to a different use in violation of the restrictions, the assessor shall change the classification and revalue the property according to standard appraisal methods and techniques.
3. The county assessor may consolidate parcel combinations within the same taxing district if requested by the community or homeowners’ association. A community or homeowners’ association may provide a one-time list of common area tracts by parcel number to the assessor, in a form prescribed by the department of revenue.
4. The county assessor shall automatically consolidate parcel combinations within the same taxing district.  If after further review by the assessor the parcel does not meet the requirements of a common area as described in section 42-13402, the assessor may revoke the statutory valuation made pursuant to section 42-13403 and shall value the parcel according to standard appraisal techniques.  The revocation does not waive a community or homeowners’ association’s right to request the common area valuation.

1. The condominium and planned community hearing office fund is established in the department to be administered by the commissioner. Monies in the fund are continuously appropriated.  On notice from the commissioner, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
2. Monies in the condominium and planned community hearing office fund shall be used to reimburse the actual costs of the office of administrative hearings in conducting hearings pursuant to section 32-2199.01. Monies remaining in the fund may be used by the department to offset the costs of administering cases filed pursuant to section 32-2199.01.

1. Subject to section 42-13404, values for common areas shall be made on the assumption that no other property use is possible.
2. Land, buildings and improvements used for common areas shall be valued at five hundred dollars per parcel. The county assessor may divide the assessment amount per parcel to depict an assessment for land and an assessment for buildings and improvements provided that the total assessment for the parcel does not exceed five hundred dollars.