State Bar of Arizona

The ONLY one-stop resource that brings you...

•The difference between a condominium and a planned community

•The statutory regulation of condominiums and planned communities

•The role of the Arizona nonprofit corporation act on governance of community associations

•Formation issues related to condominiums and planned communities

•Common law history of deed restrictions and equitable servitudes

•The role of the Restatement of the Law on modern community association issues

•Federal and state attempts to limit community association power

•The requisite forms to form a community association

CONTENTS

Condominiums 

•Definitions

•statutory regulations

•separate title and taxation of condominium units

•applicable local ordinances to condominium developments

•severability issues, creation, alteration and termination of condominiums

•creation of condominium development

•unit boundaries

•construction and contents of declaration and bylaws

•common element interests, votes and expense liabilities

•condominium plat

•exercise of development rights

•alteration of units

•easement for encroachments

•declarant right to use the common elements for selling units

•amendments of declaration

•termination of the condominium 

•rights of secured lenders

•merger or consolidation of condominiums

•management of condominium

•organization and powers of unit owners’ association

•election, removal and powers of board of directors and officers

•membership meetings

•budgetary issues

•termination of contracts and leases

•upkeep of condominium

•tort and contract liability

•conveyance or encumbrance of common elements

•insurance assessments for common expenses

•liens affecting condominiums

Planned Communities 

•Definitions

•statutory regulations

•assessments and penalties

•board of directors and membership meetings

•books and records of planned communities

•information required of planned community associations upon resale of unites

•assessment obligations (liens, personal obligations; attorneys’ fees and cots; statements of unpaid assessments)

•display of American flag; common area taxation.

 Nonprofit Corporations

•General powers of corporations

•challenging a corporate act

•members and membership issues; membership meetings and voting

•board of directors issues

•meetings and actions of the board

•standards of conduct

•officers of the corporation

•indemnification of directors and officers

•conflicting interest transactions

•amendment of articles of incorporation and bylaws

•corporate records, inspection of corporate records

•corporate reports.

Common Law

•Deed restrictions in Arizona

•enforcement of restrictive covenants

•enforcement of rules and regulations

•change of circumstances, estoppel and waiver

•interpretation of restrictive covenants

•implied covenants

•conflict with governmental regulation

•amendments to restrictive covenants

•judicial power to excuse compliance with requirements

•duty of association to its members and third parties, duty of board of directors and officers; developer duties

Statutory Exceptions to Broad Association Power

•Fair housing

•housing for older persons

•group homes

•solar energy

•telecommunications

Appendices 

•Declaration of Condominium

•Declaration of Restrictions of Planned Community

•Articles of Incorporation

•Bylaws

Subject Index