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REFERENCE TITLE: planned communities laws; applicability |
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State of Arizona Senate Forty-seventh Legislature Second Regular Session 2006
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SB 1208 |
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Introduced by Senator Burns
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AN ACT
amending section 33-1802, Arizona Revised Statutes; relating to planned communities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1802, Arizona Revised Statutes, is amended to read:
33-1802. Definitions
In this chapter and in the community documents, unless the context otherwise requires:
1. "Association" means a nonprofit corporation or unincorporated association of owners that is the subject of a recorded facilities agreement between a nonprofit corporation and the owners of property in the area governed by the recorded facilities agreement or that is created pursuant to a declaration to own and operate for the purpose of owning and operating portions of a planned community and that 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. "Declaration" means any instruments, however denominated, that establish a planned community and any amendment to those instruments and includes a recorded facilities agreement between a nonprofit corporation and the owners of property in the planned community.
4. "Planned community" means a real estate development which includes real estate owned and operated by a nonprofit corporation or unincorporated association of owners that is created for the purpose of managing, maintaining or improving the property and in which the owners of separately owned lots, parcels or units are mandatory members and are required to pay assessments to the association for these purposes. Planned community does not include a timeshare plan or a timeshare association that is governed by chapter 20 of this title.