Section: Planned Community Statutes

1. The association has a duty to act reasonably in the exercise of its discretionary powers.
2. 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.

1. Notwithstanding any provision in the community documents, an association may not prohibit the backyard installation or use of a shade structure.
2. An association may adopt reasonable rules regarding the size, placement or appearance of a shade structure if those rules do not prevent the installation, impair the functioning, restrict the use or unreasonably affect the cost of the structure and are not more restrictive than the zoning ordinances regarding shade structure height and setbacks for a single-family home in the city or town in which the planned community is located.
3. For the purposes of this section, “shade structure” means a commercially produced or professionally manufactured movable or permanent structure that is designed to protect an area from sunlight, including an umbrella, awning, shade sail, gazebo, pergola or canopy.

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 community, without regard to whether the community documents provide for the termination of declarant control, declarant control terminates not later than the date on which the second to last lot in the planned community is conveyed to a buyer.
3. After termination of the period of declarant control and while the declarant owns one or more lots in the planned community, the association shall:
   1. Provide at least the same level maintenance of common areas that the declarant provided.
   2. Not impede the declarant’s ability to develop, construct and sell its lots and not impede access to and use of common areas by the declarant in the same manner as other members.

This article modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 United States Code 7001 through 7031 but does not modify, limit or supersede 15 United States Code section 7001(c), or authorize electronic delivery of any of the notices described in 15 United States Code section 7003(b).

In applying and construing this article, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.

A. The recorder shall record an amendment submitted under this article, add the amendment to the index and cross reference the amendment to the document containing the unlawful restriction.

B. The recorder and the county are not liable for recording an amendment under this article.

The following form may be used by an owner to make an amendment under section 33-533:

Amendment By Owner To Remove An Unlawful Restriction

This amendment is recorded under title 33, chapter 4, article 7, Arizona Revised Statutes, by an owner of an interest in real property subject to an unlawful restriction as defined in section 33-532, Arizona Revised Statutes.

1. Name of owner: ____________________________________

2. Owner’s property that is subject to the unlawful restriction is described as follows:

Address: ______________________________________________

Legal description: ____________________________________

3. This amendment amends the following document:

Title of document being amended: ______________________

Recording date of document being amended: _____________

Recording information (book/page or instrument number): ___________________________________

This amendment removes from the document described in paragraph 3 all unlawful restrictions as defined in section 33-532, Arizona Revised Statutes. Removal of an unlawful restriction through this amendment does not affect the validity and enforceability of any other restriction that is not an unlawful restriction as defined under section 33-532, Arizona Revised Statutes, at the time of filing this amendment.  This amendment is not effective if the property is subject to a governing instrument as defined in section 33-532, Arizona Revised Statutes.

______________________              ____________________

Owner’s signature                   Date

Notary Acknowledgment

1. An amendment by an owner under section 33-533 must identify the owner, the real property affected and the document containing the unlawful restriction. An amendment by an association of owners under section 33-534 must identify only the document containing the unlawful restriction. The amendment must include a conspicuous statement in substantially the following form:
   • This amendment removes from this deed or other document affecting title to real property an unlawful restriction as defined in section 33-532, Arizona Revised Statutes. This amendment does not affect the validity or enforceability of a restriction that is not an unlawful restriction.
2. The amendment must be executed and acknowledged in the manner required for recordation of a document in the land records. The amendment must be recorded in the land records of each county in which the document containing the unlawful restriction is recorded.
3. The amendment does not affect the validity or enforceability of any restriction that is not an unlawful restriction.
4. The amendment or a future conveyance of the affected real property is not a republication of a restriction that otherwise would expire by passage of time under any other law.

1. The governing body of an association of owners identified in a governing instrument, including the board of directors of a condominium as prescribed in chapter 9 of this title or a planned community as prescribed in chapter 16 of this title, without a vote of the members of the association, may amend the governing instrument to remove an unlawful restriction.
2. A member of an association of owners may request in a record that sufficiently identifies an unlawful restriction in the governing instrument that the governing body exercise its authority under subsection A of this section.  Not later than ninety days after the governing body receives the request, the governing body shall determine, reasonably and in good faith, whether the governing instrument includes the unlawful restriction. If the governing body determines the governing instrument includes the unlawful restriction, the governing body not later than ninety days after the determination shall amend the governing instrument to remove the unlawful restriction.
3. Notwithstanding any provision of the governing instrument or any other law, the governing body may execute an amendment under this section.
4. An amendment under this section is effective, notwithstanding any provision of the governing instrument or any other law that requires a vote of the members of the association of owners to amend the governing instrument.

View all Planned Community Statutes statutes.