A.R.S. § 33-2207: Timeshare Lien Foreclosure
Foreclosure of assessment liens
Can an Arizona HOA sue multiple timeshare owners in one lawsuit over unpaid assessments?
In Arizona, an association, developer, or other managing entity foreclosing on assessment liens against timeshare interests may sue multiple owners and junior interest holders of separate interests in one action, but only if the case involves a single timeshare plan, has a single plaintiff, and rests on documents with substantially the same default and remedy terms and the same alleged defaults for every defendant. If a defendant timely raises a defense or counterclaim to a count of the complaint, the court must sever that count for a separate trial.
Full statute text
Official text last checked against azleg.gov:
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:
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.
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.