A.R.S. § 33-1820: HOA Developer Control
Declarant control
When must an HOA developer's control over the association end in Arizona?
In Arizona, if a declaration gives the developer control of the owners' association for a period, it must set a termination date or a method for calculating one. Whatever the community documents say, that control ends no later than when the second to last lot is conveyed to a buyer. After control ends, while the developer still owns a lot, the association must maintain common areas at least as well as the developer did and must not impede the developer's development, construction, or sales of its lots or its use of common areas in the same manner as other members.
Full statute text
Official text last checked against azleg.gov:
33-1820. Declarant control
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.
Drafted by AI from the official text and checked sentence by sentence against azleg.gov. ClearStatute is run by David Bartlett, who is not an attorney. Legal information, not legal advice — consult a licensed attorney for your situation.