Sections
Article 2 Arizona Department of Housing 41-3951 – 41-3957
Article 3 Office of Manufactured Housing 41-4001 – 41-4010
Article 4 Office of Administration 41-4023 – 41-4048
Article 5 Mobile Home Parks Administrative Hearings 41-4061 – 41-4065

Terms Used In Arizona Laws > Title 41 > Chapter 37

  • Accessory structure: means the installation, assembly, connection or construction of any one-story habitable room, storage room, patio, porch, garage, carport, awning, skirting, retaining wall, evaporative cooler, refrigeration air conditioning system, solar system or wood decking attached to a new or used manufactured home, mobile home or residential single family factory-built building. See Arizona Laws 41-4001
  • Act: means the national manufactured housing construction and safety standards act of 1974 and title VI of the housing and community development act of 1974 (P. See Arizona Laws 41-4001
  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Alteration: means the replacement, addition, modification or removal of any equipment or installation after the sale by a manufacturer to a dealer or distributor but before the sale by a dealer to a purchaser, which may affect compliance with the standards, construction, fire safety, occupancy, plumbing or heat-producing or electrical system. See Arizona Laws 41-4001
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Articles of incorporation: means the original or restated articles of incorporation or articles of merger and all amendments to the articles of incorporation or merger and includes amended and restated articles of incorporation and articles of amendment and merger. See Arizona Laws 10-140
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Board: means the board of manufactured housing. See Arizona Laws 41-4001
  • Broker: means any person who acts as an agent for the sale or exchange of a used manufactured home or mobile home except as exempted in section 41-4028. See Arizona Laws 41-4001
  • Certificate: means a numbered or serialized label or seal that is issued by the director as certification of compliance with this chapter. See Arizona Laws 41-4001
  • Commission: means the Arizona corporation commission. See Arizona Laws 10-140
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer: means either a purchaser or seller of a unit regulated by this chapter who utilizes the services of a person licensed by the department. See Arizona Laws 41-4001
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means any person who sells, exchanges, buys, offers or attempts to negotiate or acts as an agent for the sale or exchange of factory-built buildings, manufactured homes or mobile homes except as exempted in section 41-4028. See Arizona Laws 41-4001
  • Defect: means any defect in the performance, construction, components or material of a unit that renders the unit or any part of the unit unfit for the ordinary use for which it was intended. See Arizona Laws 41-4001
  • Department: means the Arizona department of housing. See Arizona Laws 41-3951
  • Department: means the Arizona department of housing. See Arizona Laws 41-4001
  • Director: means the director of the Arizona department of housing. See Arizona Laws 41-3951
  • Director: means the director of the department. See Arizona Laws 41-4001
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distribution: means a direct or indirect transfer of money or other property, except its own shares, or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. See Arizona Laws 10-140
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreign professional corporation: means a corporation or association for profit incorporated for the purpose of rendering professional services under a law other than the law of this state. See Arizona Laws 10-2201
  • Fraud: Intentional deception resulting in injury to another.
  • HUD: means the United States department of housing and urban development. See Arizona Laws 41-4001
  • Imminent safety hazard: means an imminent and unreasonable risk of death or severe personal injury. See Arizona Laws 41-4001
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Installation: means :

    (a) Connecting new or used mobile homes, manufactured homes or factory-built buildings to on-site utility terminals or repairing these utility connections. See Arizona Laws 41-4001

  • Installer: means any person who engages in the business of performing installations of manufactured homes, mobile homes or residential single family factory-built buildings. See Arizona Laws 41-4001
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • licensed: means any license, authorization, certificate, registration, certificate of registration, membership or other evidence of the satisfaction of the requirements of this state for the practice of a professional service. See Arizona Laws 10-2201
  • Licensing authority: means the officer, board, agency, court or other authority in this state empowered by law to license or otherwise authorize the rendition of a professional service. See Arizona Laws 10-2201
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Listing agreement: means a document that contains the name and address of the seller, the year, manufacturer and serial number of the listed unit, the beginning and ending dates of the time period that the agreement is in force, the name of the lender and lien amount, if applicable, the price the seller is requesting for the unit, the commission to be paid to the licensee and the signatures of the sellers and the licensee who obtains the listing. See Arizona Laws 41-4001
  • Local enforcement agency: means a zoning or building department of a city, town or county or its agents. See Arizona Laws 41-4001
  • Low and moderate income: means household income that is insufficient to secure decent, safe and sanitary housing provided by private industry without subsidized financing and that is below respective income limits established by the department, taking into consideration such factors as:

    (a) The total income of the household available for housing needs. See Arizona Laws 41-3951

  • Manufactured home: means a structure built in accordance with the act. See Arizona Laws 41-4001
  • Manufacturer: means any person engaged in manufacturing, assembling or reconstructing any unit regulated by this chapter. See Arizona Laws 41-4001
  • Member: means , without regard to what a person is called in the articles of incorporation or bylaws, any person or persons who, pursuant to a provision of a corporation's articles of incorporation or bylaws, have the right to vote for the election of a director or directors. See Arizona Laws 10-3140
  • Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mobile home: means a structure built before June 15, 1976, on a permanent chassis, capable of being transported in one or more sections and designed to be used with or without a permanent foundation as a dwelling when connected to on-site utilities. See Arizona Laws 41-4001
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Office: means the office of manufactured housing within the department. See Arizona Laws 41-4001
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • President: means that officer designated as the president in the articles of incorporation or bylaws or, if not so designated, that officer authorized in the articles of incorporation, bylaws or otherwise to perform the functions of the chief executive officer, irrespective of the name by which designated. See Arizona Laws 10-140
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Professional service: means a service that may be lawfully rendered only by a person licensed or otherwise authorized by a licensing authority in this state to render the service. See Arizona Laws 10-2201
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Purchaser: means a person purchasing a unit in good faith from a licensed dealer or broker for purposes other than resale. See Arizona Laws 41-4001
  • Qualifying party: means a person who is an owner, employee, corporate officer or partner of the licensed business and who has active and direct supervision of and responsibility for all operations of that licensed business. See Arizona Laws 41-4001
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reconstruction: means construction work performed for the purpose of restoration or modification of a unit by changing or adding structural components or electrical, plumbing or heat or air producing systems. See Arizona Laws 41-4001
  • Salesperson: means any person who, for a salary, commission or compensation of any kind, is employed by or acts on behalf of any dealer or broker of manufactured homes, mobile homes or factory-built buildings to sell, exchange, buy, offer or attempt to negotiate or act as an agent for the sale or exchange of an interest in a manufactured home, mobile home or factory-built building. See Arizona Laws 41-4001
  • Service of process: The service of writs or summonses to the appropriate party.
  • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Arizona Laws 10-140
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Arizona Laws 10-140
  • Site development: means the development of an area for the installation of the unit's or units' locations, parking, surface drainage, driveways, on-site utility terminals and property lines at a proposed construction site or area. See Arizona Laws 41-4001
  • Statute: A law passed by a legislature.
  • Statutory agent: means a person who is on file with the corporation commission as the statutory agent. See Arizona Laws 41-4001
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Unit: means a manufactured home, mobile home, factory-built building or accessory structures. See Arizona Laws 41-4001
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Used unit: means any unit that is regulated by this chapter and that has been sold, bargained, exchanged or given away from a purchaser who first acquired the unit that was titled in the name of such purchaser. See Arizona Laws 41-4001
  • Vote: includes authorization by written ballot and written consent. See Arizona Laws 10-3140
  • Workmanship: means a minimum standard of construction or installation reflecting a journeyman quality of the work of the various trades. See Arizona Laws 41-4001
  • Writing: includes printing. See Arizona Laws 1-215