Title 33 - Property

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

Contents of declaration

Article 2, Creation, Alteration and Termination of Condominiums, § 33-1215

Source: Arizona Revised Statutes

  1. The declaration shall contain:
    1. The name of the condominium, which shall include the word “condominium” or be followed by the words “a condominium”, and the name of the association.
    2. The name of every county in which any portion of the condominium is located.
    3. A legal description of the real estate included in the condominium.
    4. A description of the boundaries of each unit created by the declaration, including each unit’s identifying number.
    5. A description of any limited common elements, other than those specified in section 33-1212, paragraphs 2 and 4, but the declaration shall contain a description of any porches, balconies, patios and entryways, if any, as provided in section 33-1219, subsection B, paragraph 11.
    6. A description of any development rights and other special declarant rights, together with a legal description of the real estate to which each of those rights applies, any time limit within which each of those rights must be exercised and any other conditions or limitations under which the rights described in this paragraph may be exercised or will lapse.
    7. An allocation to each unit of the allocated interests in the manner described in section 33-1217.
    8. Any restrictions on use, occupancy and alienation of the units.
    9. All matters required by sections 33-1216, 33-1217, 33-1218, 33-1219 and 33-1226 and section 33-1243, subsection E.
    10. A statement that the assessment obligation of the unit owner under section 33-1255 is secured by a lien on the owner’s unit in favor of the association pursuant to section 33-1256.
    11. If the condominium is a conversion from multifamily rental to condominiums, a statement containing all of the following:
      1. A statement that the property is a conversion from multifamily rental to condominiums.
      2. The date original construction was completed.
      3. The name and address of the original owner, builder, developer and general contractor as shown on the applicable city, town or county building permit.
      4. The name and address of each subsequent owner as determined by a search of the county recorder’s records in the county in which the property is located.
      5. The subdivider’s agreement to provide the following information on request:
        1. The name and address of any builder, developer, general contractor, subcontractor, architect and engineer who designed or made improvements to the property immediately before the first condominium was sold.
        2. A specific description of all improvements made.
  2. If a city, town or county is unable to produce a building permit as required in subsection A, paragraph 11, subdivision (c) of this section, the subdivider shall submit a letter from the applicable city, town or county stating that the information required by subsection A, paragraph 11, subdivision (c) of this section is not available.
  3. The declaration may contain any other matters the declarant deems appropriate.

Also in: Chapter 9, Sec. 33-1201-33-1270

View all Arizona Condominium Act statutes.

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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