12-1361. Definitions In this article, unless the context otherwise requires: 1. " Association" means either of the following: (a) The unit owners’ association organized under section 33-1241. (b) A nonprofit corporation or unincorporated association of owners created pursuant to a declaration to own and operate portions of a planned community and which has the power […]
12-1362. Dwelling action; notice of intent to repair or replace; jurisdictional prerequisite; insurance; bifurcated trial; legislative intent A. Except with respect to claims for alleged construction defects involving an immediate threat to the life or safety of persons occupying or visiting the dwelling, a purchaser must first comply with this article before filing a dwelling […]
12-1363. Notice and right to repair or replace; tolling of time limits; admissible evidence; definition A. Before filing a dwelling action, the purchaser shall give written notice by certified mail, return receipt requested, to the seller specifying in reasonable detail the basis of the dwelling action. A seller who receives notice under this subsection shall […]
12-1364. Dwelling actions; contested issues; attorney fees and taxable costs; expert witness fees; definitions A. In a contested dwelling action, the court or tribunal may award the prevailing party with respect to a contested issue reasonable attorney fees and taxable costs. A purchaser is deemed the prevailing party with respect to a contested issue if […]
12-1365. Notification; right to file a complaint with the registrar of contractors A. A written contract for the sale of a newly constructed dwelling between a buyer of a newly constructed dwelling and the seller responsible for the original construction of the dwelling shall contain, or provide separate notice of, the following provision: Under Arizona […]
12-1366. Applicability; claims and actions A. This article does not apply: 1. To personal injury claims. 2. To death claims. 3. To claims for damage to property other than a dwelling. 4. To common law fraud claims. 5. To proceedings brought pursuant to title 32, chapter 10. 6. To claims solely seeking recovery of monies […]
