Arizona Laws 33-2003. Applicability
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A. This chapter applies only to homeowners’ association dwelling actions. This chapter does not apply to:
Terms Used In Arizona Laws 33-2003
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- 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.
- 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. See Arizona Laws 33-2001
- Fraud: Intentional deception resulting in injury to another.
- Property: includes both real and personal property. See Arizona Laws 1-215
- Seller: means any of the following:
(a) Any person, firm, partnership, corporation, association or other organization that is engaged in the business of building or selling dwellings. See Arizona Laws 33-2001
1. Actions filed by individual members of a homeowners’ association against a seller.
2. Claims for personal injury, death or damage to property other than a dwelling.
3. Common law fraud claims.
4. Proceedings brought pursuant to Title 32, Chapter 10, whether filed by a homeowners’ association or by individual members of a homeowners’ association.
B. A homeowners’ association dwelling action is also subject to Title 12, Chapter 8, Article 14.