A. The small claims division has concurrent original jurisdiction with the justice court in all civil actions in which the debt, damage, tort, injury or value of the personal property claims either by the plaintiff or defendant does not exceed $5,000, exclusive of interest and costs, and in actions in which a party seeks to disaffirm, avoid or rescind a contract, or seeks equitable relief, and the amount at issue does not exceed $5,000.

B. The small claims division does not have jurisdiction over the following:

1. Those matters excluded from justice court jurisdiction as provided in section 22-201.

2. Actions involving claims of defamation by libel or slander.

3. Actions in forcible entry, forcible detainer or unlawful detainer.

4. Actions for specific performance.

5. Actions brought or defended on behalf of a class.

6. Actions requesting or involving prejudgment remedies.

7. Actions involving injunctive relief.

8. Traffic violations and other criminal matters.

9. Actions against this state, its political subdivisions or an officer or employee of the state or its political subdivisions in his official capacity.

The post §22-503 – Jurisdiction; exceptions appeared first on Goodman Law Group.

A. After advertisement, pursuant to section 42-18302, the board of supervisors may sell the real property in the county held by the state by tax deed to the highest bidder for cash except as provided in subsections E, F and G of this section. The property may also be posted on the treasurer’s website. The sale may include a live auction or an online bidding process in which the board receives bids electronically over the internet in a real-time, competitive bidding event.

B. On selling the property, the board of supervisors shall execute and deliver to the purchaser, at the purchaser’s cost, a deed conveying the title of the state in and to the parcel purchased. The deed shall be acknowledged by the chairman and clerk of the board.

C. The purchase money shall be paid to the county treasurer. After deducting and distributing interest, penalties, fees and costs charged against the parcel, the treasurer shall apportion monies to the funds of the various taxing authorities in proportion to their current share of the taxes charged against real property. Any balance remaining with the treasurer after payment of the taxes, interest, penalties, fees and costs shall be paid to the owner of the property who was dispossessed by the sale.

D. If the property is not sold before the time for the next succeeding notice of sale, the board of supervisors may omit it from the notice.

E. The board of supervisors may accept an offer from, and sell real property held by this state by tax deed to, the county or a city, town or special taxing district in the county for a public purpose related to transportation or flood control. The board of supervisors shall convey the deed and apportion the monies received in the transaction in the manner prescribed by this section.

F. The board of supervisors may sell real property in the county held by the state by tax deed to the owner of contiguous real property that is used for commercial, agricultural or residential purposes, and the board may accept an offer by the contiguous owner to purchase the property, if all of the following conditions apply:

1. Both the property offered for sale and the contiguous property were at one time under common ownership. If there is more than one contiguous property owner offering to purchase the property, the board shall accept the offer from the contiguous property owner that demonstrates that the owner’s contiguous property was most recently under common ownership with the property offered for sale.

2. The property offered for sale cannot be separately used for commercial, agricultural or residential purposes, as applicable, pursuant to applicable building codes and ordinances of the jurisdiction in which the property is located due to its size or configuration.

3. The contiguous property owner agrees to submit a request to the county assessor to jointly assess the contiguous properties pursuant to section 42-15058.

G. The board of supervisors may sell real property in the county held by the state by tax deed to a homeowners’ association if the real property is part of a common area maintained by the homeowners’ association as determined by the county assessor.

H. If an offer under subsection E, F or G of this section is pending at the time of the auction under this section, the board of supervisors shall remove the property from the auction.

I. The board of supervisors may establish procedures for accepting monetary offers and sell real property in the county held by the state by tax deed over the counter if the real property is not eligible for sale under subsection E, F or G of this section and was offered for sale and not sold at the auction held pursuant to subsection a of this section.

J. The board of supervisors may establish procedures for accepting monetary offers under subsection f of this section.

The post §42-18303 – Auction and sale of land held by state under tax deed; disposition of proceeds appeared first on Goodman Law Group.

Chapter 16 – Planned Communities

Article 1 – General Provisions

Notwithstanding any provision in the community documents:

1. Each declaration that provides for a period of declarant control of the association shall also provide for a date of or method for calculating the date of the termination of declarant control.

2. For every planned community, without regard to whether the community documents provide for the termination of declarant control, declarant control terminates not later than the date on which the second to last lot in the planned community is conveyed to a buyer.

3. After termination of the period of declarant control and while the declarant owns one or more lots in the planned community, the association shall:

(a) Provide at least the same level maintenance of common areas that the declarant provided.

(b) Not impede the declarant’s ability to develop, construct and sell its lots and not impede access to and use of common areas by the declarant in the same manner as other members.

The post §33-1820 – Declarant control appeared first on Goodman Law Group.

Chapter 4 – Conveyances and Deeds

Article 7 – Uniform Unlawful Restrictions in Land Records Act

This article modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 United States Code 7001 through 7031 but does not modify, limit or supersede 15 United States Code section 7001(c), or authorize electronic delivery of any of the notices described in 15 United States Code section 7003(b).

The post §33-539 – Relation to electronic signatures in global and national commerce act appeared first on Goodman Law Group.

Chapter 4 – Conveyances and Deeds

Article 7 – Uniform Unlawful Restrictions in Land Records Act

In applying and construing this article, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.

The post §33-538 – Uniformity of application and construction appeared first on Goodman Law Group.

Chapter 4 – Conveyances and Deeds

Article 7 – Uniform Unlawful Restrictions in Land Records Act

A. The recorder shall record an amendment submitted under this article, add the amendment to the index and cross reference the amendment to the document containing the unlawful restriction.

B. The recorder and the county are not liable for recording an amendment under this article.

The post §33-537 – Duty and liability of recorder appeared first on Goodman Law Group.

Chapter 4 – Conveyances and Deeds

Article 7 – Uniform Unlawful Restrictions in Land Records Act

The following form may be used by an owner to make an amendment under section 33-533:

Amendment By Owner To Remove An Unlawful Restriction

This amendment is recorded under title 33, chapter 4, article 7, Arizona Revised Statutes, by an owner of an interest in real property subject to an unlawful restriction as defined in section 33-532, Arizona Revised Statutes.

1. Name of owner: ____________________________________

2. Owner’s property that is subject to the unlawful restriction is described as follows:

Address: ______________________________________________

Legal description: ____________________________________

3. This amendment amends the following document:

Title of document being amended: ______________________

Recording date of document being amended: _____________

Recording information (book/page or instrument number): ___________________________________

This amendment removes from the document described in paragraph 3 all unlawful restrictions as defined in section 33-532, Arizona Revised Statutes. Removal of an unlawful restriction through this amendment does not affect the validity and enforceability of any other restriction that is not an unlawful restriction as defined under section 33-532, Arizona Revised Statutes, at the time of filing this amendment. This amendment is not effective if the property is subject to a governing instrument as defined in section 33-532, Arizona Revised Statutes.

______________________       ____________________

Owner’s signature          Date

Notary Acknowledgment

The post §33-536 – Optional form for amendment by owner appeared first on Goodman Law Group.

Chapter 4 – Conveyances and Deeds

Article 7 – Uniform Unlawful Restrictions in Land Records Act

A. An amendment by an owner under section 33-533 must identify the owner, the real property affected and the document containing the unlawful restriction. An amendment by an association of owners under section 33-534 must identify only the document containing the unlawful restriction. The amendment must include a conspicuous statement in substantially the following form:

This amendment removes from this deed or other document affecting title to real property an unlawful restriction as defined in section 33-532, Arizona Revised Statutes. This amendment does not affect the validity or enforceability of a restriction that is not an unlawful restriction.

B. The amendment must be executed and acknowledged in the manner required for recordation of a document in the land records. The amendment must be recorded in the land records of each county in which the document containing the unlawful restriction is recorded.

C. The amendment does not affect the validity or enforceability of any restriction that is not an unlawful restriction.

D. The amendment or a future conveyance of the affected real property is not a republication of a restriction that otherwise would expire by passage of time under any other law.

The post §33-535 – Requirements and limitations of amendment appeared first on Goodman Law Group.

Chapter 4 – Conveyances and Deeds

Article 7 – Uniform Unlawful Restrictions in Land Records Act

A. The governing body of an association of owners identified in a governing instrument, including the board of directors of a condominium as prescribed in chapter 9 of this title or a planned community as prescribed in chapter 16 of this title, without a vote of the members of the association, may amend the governing instrument to remove an unlawful restriction.

B. A member of an association of owners may request in a record that sufficiently identifies an unlawful restriction in the governing instrument that the governing body exercise its authority under subsection A of this section. Not later than ninety days after the governing body receives the request, the governing body shall determine, reasonably and in good faith, whether the governing instrument includes the unlawful restriction. If the governing body determines the governing instrument includes the unlawful restriction, the governing body not later than ninety days after the determination shall amend the governing instrument to remove the unlawful restriction.

C. Notwithstanding any provision of the governing instrument or any other law, the governing body may execute an amendment under this section.

D. An amendment under this section is effective, notwithstanding any provision of the governing instrument or any other law that requires a vote of the members of the association of owners to amend the governing instrument.

The post §33-534 – Amendment by association of owners appeared first on Goodman Law Group.

Chapter 4 – Conveyances and Deeds

Article 7 – Uniform Unlawful Restrictions in Land Records Act

Except with respect to property to which section 33-534 applies, an owner of real property subject to an unlawful restriction may submit to the recorder for recordation in the land records of the county in which the property is located an amendment to remove the unlawful restriction, but only as to the owner’s property.

The post §33-533 – Amendment by owner appeared first on Goodman Law Group.

Chapter 4 – Conveyances and Deeds

Article 7 – Uniform Unlawful Restrictions in Land Records Act

In this article, unless the context otherwise requires:

1. “Amendment” means a document that removes an unlawful restriction.

2. “Document” means a record recorded or eligible to be recorded in land records.

3. “Governing instrument” means a declaration of a condominium as prescribed in chapter 9 of this title or of a planned community as prescribed in chapter 16 of this title or any document recorded in land records that does any of the following:

(a) Establishes a governing body of an association of owners that is identified in a document and that is responsible for managing common areas or facilities used by more than one owner of a property interest affected by the document.

(b) Requires contribution of assessments or dues from owners of property that is enforceable by a lien on a separate property interest for expenses incurred by a governing body of an association of owners in the performance of obligations established for the common benefit of the owners of the real property described in the document.

(c) Establishes prohibitions, restrictions, covenants or conditions on the transfer, use or occupancy of the real property described in the document that are to be enforced by a governing body of an association of owners identified in a document.

4. “Index” means a system that enables a search for a document in land records.

5. “Land records” means documents and indexes maintained by a recorder.

6. “Owner” means a person that has a fee interest in real property.

7. “Person” means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, instrumentality or other legal entity.

8. “Record”, used as a noun, means information that is either of the following:

(a) Inscribed on a tangible medium.

(b) Stored in an electronic or other medium and retrievable in perceivable form.

9. “Recorder” means the county recorder.

10. “Remove” means eliminate any apparent or purportedly continuing effect on title to real property.

11. “Unlawful restriction” means a prohibition, restriction, covenant or condition in a document that interferes with or restricts the transfer, use or occupancy of real property on the basis of race, color, religion, national origin, sex, familial status or disability in violation of state or federal law.

The post §33-532 – Definitions appeared first on Goodman Law Group.

Chapter 4 – Conveyances and Deeds

Article 7 – Uniform Unlawful Restrictions in Land Records Act

This article may be cited as the uniform unlawful restrictions in land records act.

The post §33-531 – Short title appeared first on Goodman Law Group.

Chapter 4 – Conveyances and Deeds

Article 3 – Rules of Construction and Interpretation

A. A provision in a declaration, a covenant or any other document relating to real property in this state is not binding or enforceable against the real property or against any subsequent owner, purchaser, lienholder or other claimant on the property if it purports to do both of the following:

1. Bind successors in title to the specified real property.

2. Obligate the transferee or transferor of all or part of the property to pay a fee or other charge to a declarant or a third person on transfer of an interest in the property or in consideration for permitting such a transfer. Regularly scheduled fees or charges shall not be considered payable on transfer of an interest if the fees or charges will be payable by the owner of the property regardless of whether or not the property is transferred, even if the obligation to pay does not commence until the trustee, declarant, builder or developer first conveys the property to a retail purchaser.

B. A transfer fee provision prescribed by subsection A of this section is unenforceable whether or not recorded and does not create a lien right and any lien purportedly arising out of an unenforceable provision prescribed by subsection A of this section is invalid and unenforceable.

C. This section does not apply to any of the following:

1. Any provision of a purchase contract, option, mortgage, security agreement, real property listing agreement or other agreement that obligates one party to the agreement to pay the other party as full or partial consideration for the agreement or for a waiver of rights under the agreement if the amount to be paid is:

(a) A loan assumption fee or similar fee charged by a lender that holds a lien on the property.

(b) A fee or commission paid to a licensed real estate broker for brokerage services rendered in connection with the transfer of the property for which the fee or commission is paid.

2. Any provision in a deed, memorandum or other document recorded for the purpose of providing record notice of an agreement prescribed in paragraph 1, subdivision (a) of this subsection.

3. Any provision of a document that requires payment of a fee or charge to an association to be used exclusively for the purpose authorized in the document if both of the following apply:

(a) The fee being charged touches and concerns the land.

(b) No portion of the charge or fee is required to be passed through to a third party or declarant designated or identifiable by description in the document or in another document that is referenced in the document unless the third party is authorized in the document to manage real property within the association or was part of an approved development plan.

4. Any rent, reimbursement, charge, fee or other amount payable by a lessee to a lessor under a lease, including any fee payable to the lessor for consenting to an assignment, sublease, encumbrance or transfer of the lease.

5. Any consideration payable to the holder of an option to purchase an interest in the real property or to the holder of a right of first refusal or first offer to purchase an interest in real property and paid for waiving, releasing or not exercising the option or right on transfer of the property to another person.

6. Any fee, charge, assessment, dues, contribution or other amount relating to the purchase or transfer of a club membership related to the real property owner by the transferor.

7. Any fee or charge that is imposed by a document and that is payable to a nonprofit corporation for the sole purpose of supporting recreational activities within the association.

8. Any fee, tax, assessment or other charge imposed by a governmental authority pursuant to applicable laws, ordinances or regulations.

9. Any consideration payable by the transferee to the transferor for the interest in real property being transferred including any subsequent additional consideration for the property payable by the transferee based on any subsequent appreciation, development or sale of the property.

D. Notwithstanding any provision in the document or purported lien, a transfer fee covenant or other document prescribed by subsection A of this section or a lien purporting to secure payment under a transfer fee covenant or document prescribed by subsection A of this section that is executed after July 29, 2010 is not binding or enforceable. This section shall not be construed to imply that a transfer fee covenant or other document prescribed by subsection A of this section that is executed before July 29, 2010 is enforceable or valid.

E. An association shall not charge a fee authorized under subsection C of this section for any conveyance between parties prescribed by section 11-1134, subsection B, paragraphs 3 or 7, except for service fees for the administration of association records authorized in a managing agent contract with the association.

F. For the purposes of this section:

1. “Association” means a nonprofit organization that is qualified under section 501(c)(3) or section 501(c)(4) of the United States internal revenue code or a nonprofit mandatory membership organization that is created pursuant to a declaration, covenant or other applicable law and that is composed of the owners of homes, condominiums, cooperatives or manufactured homes or any other interest in real property.

2. “Transfer” means the sale, gift, conveyance, assignment, inheritance or other transfer of an interest in real property located in this state.

The post §33-442 – Prohibition on transfer fees; exceptions; definitions appeared first on Goodman Law Group.

Chapter 29 – Offenses Against Public Order

Article 1 – General Provisions



A. A person commits residential picketing if the person intentionally engages in picketing or otherwise demonstrates before or about an individual’s residence or dwelling place and both of the following apply:

B. This section does not apply to a residence or dwelling place that is also used as the individual’s principal place of business

C. Residential picketing is a class 3 misdemeanor.

The post §13-2909 Relating To Residential Picketing appeared first on Goodman Law Group.

Chapter 16 – Planned Communities

Article 1 – General Provisions

A. Except as prescribed in subsection B of this section and notwithstanding any provision in the community documents, in any planned community that allows natural grass on a member’s property, after the period of declarant control, the association may not prohibit installing or using artificial turf on any member’s property.  An association may do all of the following:

1. Adopt reasonable rules regarding the installation and appearance of artificial turf if those rules do not prevent installing artificial turf in the same manner that natural grass would be allowed by the community documents. Those rules may regulate the location on the property and percentage of the property that may be covered with artificial turf to the same extent as natural grass and may regulate artificial turf quality.

2. Require the removal of a member’s artificial turf if the artificial turf creates a health or safety issue that the member does not correct.

3. Require replacement or removal of the artificial turf if the artificial turf is not maintained in accordance with the association’s standards for maintenance.

B. The association may prohibit the installation of artificial turf if the artificial turf would be installed in an area that the association is required to maintain or irrigate. If an association prohibits new installation of natural grass on a member’s property, the association may also prohibit new installation of artificial turf on a member’s property, except that, in that instance, an association may not prohibit a member from converting natural grass to artificial turf on the member’s property.

C. Notwithstanding any provision in the community documents, in an action against the association for a violation of this section, the court shall award reasonable attorney fees and costs to any party that prevails as determined by the court.

D. This section does not:

1. Affect an association’s responsibility to carry out both the express and the reasonably implied intent of a declaration that provides that the design standards of the planned community are required to be followed to protect the natural environment in which the planned community is developed.

2. Apply to a planned community that has unique vegetation and geologic characteristics that require preservation by the association and in which the viability of those characteristics is protected, supported and enhanced as a result of the continued existence of natural landscaping materials.

The post §33-1819 Artificial turf ban; prohibition; restrictions; attorney fees; applicability appeared first on Goodman Law Group.