Arizona Laws 12-1366. Applicability; claims and actions
A. This article does not apply:
Terms Used In Arizona Laws 12-1366
- Association: means either of the following:
(a) The unit owners' association organized under section 33-1241. See Arizona Laws 12-1361
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Community documents: means the declaration, bylaws, articles of incorporation, if any, and rules, if any. See Arizona Laws 12-1361
- Contract: A legal written agreement that becomes binding when signed.
- 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. See Arizona Laws 12-1361
- 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. See Arizona Laws 12-1361
- Fraud: Intentional deception resulting in injury to another.
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Purchaser: means any person or entity who files a dwelling action. See Arizona Laws 12-1361
- 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. See Arizona Laws 12-1361
1. To personal injury claims.
2. To death claims.
3. To claims for damage to property other than a dwelling.
4. To common law fraud claims.
5. To proceedings brought pursuant to Title 32, Chapter 10.
6. To claims solely seeking recovery of monies expended for repairs to alleged defects that have been repaired by the purchaser.
B. A dwelling action brought by an association is also subject to Title 33, Chapter 18.
C. After the repair or replacement process has been completed as prescribed by section 12-1363, this article does not affect either party’s ability to enforce any commercially reasonable alternative dispute resolution procedures contained in the contract for the sale of the dwelling or an association’s community documents. The seller‘s election to enforce any commercially reasonable alternative dispute resolution procedures contained in the contract for the sale of the dwelling or an association’s community documents does not negate, abridge or otherwise reduce the seller’s right to repair or replace any alleged construction defects pursuant to section 12-1363. If the contract for the sale of a dwelling contains the procedures, the procedures shall conspicuously appear in the contract in bold and capital letters and a disclosure statement in at least twelve-point font, bold and capital letters shall appear on the face of the contract and shall describe the location of the alternative dispute resolution procedures within the contract.