2.7 Information Required of the Planned Community Associ-ation upon Resale of Units

• Jurisdiction: Arizona

§ 2.7 Information Required of the Planned Community Associ-ation upon Resale of Units

A.R.S. § 33-1806 requires the disclosure of certain information to a potential purchaser, or the prospective purchaser’s “authorized agent” ²²⁴ upon the sale of a unit in a planned community. If the planned community association has less than 50 units, the owner is required to provide, and if the planned community association has 50 or more units, the association is required to provide the following by mail or delivery to a prospective purchaser or the prospective purchaser’s “authorized agent” within 10 days after receipt of a written notice of a pending sale that contains the name and address of the purchaser ²²⁵:

1. A copy of the bylaws and the rules of the association.
2. A copy of the declaration.
3. A dated statement containing:

(a) The telephone number and address of a principal contact for the association, which may be an association manager, an association management company, an officer of the association or any other person designated by the board of directors;
(b) The amount of the common expense assessment for the unit and any unpaid common expense assessment, special assessment or other assessment, fee or charge currently due and payable from the selling unit owner. If the request is made by a lienholder, escrow agent, unit owner or person designated by a unit owner pursuant to A.R.S. § 33-1807 (I), failure to provide the information within the time provided will extinguish any lien for unpaid assessments then doe against the unit ? but would not presumably negate the personal obligation to pay the assessments, addressed herein at § 2.8.2.
(c) A statement as to whether a portion of the unit is covered by insurance maintained by the association.
(d) The total amount of money held by the association as reserves.
(e) If the statement is furnished by the association, a statement as to whether the records of the association reflect any alterations or improvements to the unit that violate the declaration. ²²⁶
(f) If the statement is furnished by the unit owner, a statement as to whether the unit owner has any knowledge of any alterations or improvements to the unit that violate the declaration.
(g) A statement of case names and case numbers for pending litigation with respect to the unit filed by the association against the unit owner or filed by the unit owner against the association. Neither the unit owner nor the association is obligated to disclose

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