Arizona Laws 33-2207. Foreclosure of assessment liens
A. If an association, developer or other managing entity files an action to foreclose the assessment lien on timeshare interests, the association, developer or other managing entity may join in the same action multiple defendant obligors and junior interest holders of separate timeshare interests, on compliance with all of the following:
Terms Used In Arizona Laws 33-2207
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Assessment: means the share of monies that are required for the payment of common expenses and that the managing entity assesses periodically against each owner, and any other amount required to be paid by owners under a timeshare instrument. See Arizona Laws 33-2202
- Association: means any organized body consisting solely of the owners of timeshare interests in a timeshare plan. See Arizona Laws 33-2202
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Developer: means either of the following:
(a) Any person, corporation, partnership, limited liability company, trust or other entity, other than a sales agent, that creates a timeshare plan. See Arizona Laws 33-2202
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Managing entity: means the association or other person that undertakes the duties, responsibilities and obligations of the management of a timeshare plan. See Arizona Laws 33-2202
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Timeshare plan: means any arrangement, plan or similar device, other than an exchange program, whether by membership agreement, or sales, lease, deed, license or right-to-use agreement or by any other means, in which an owner, in exchange for consideration, receives ownership rights in or the right to use accommodations for a period of time that is less than a full year during any given year, but not necessarily for consecutive years, if the use rights extend for at least three years. See Arizona Laws 33-2202
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
1. The foreclosure proceeding involves a single timeshare plan.
2. The foreclosure proceeding is filed by a single plaintiff.
3. The default and remedy provisions in the written instruments on which the foreclosure proceeding is based are substantially the same for each defendant.
4. The nature of the defaults alleged is the same for each defendant.
B. In any foreclosure proceeding involving multiple defendants filed pursuant to subsection A, the court shall sever for separate trial any count of the complaint in which a defense or counterclaim is timely raised by a defendant.