4.13 Developer Duties

JurisdictionArizona

§ 4.13 Developer Duties

The Restatement, for the first time, acknowledges that developers of community associations have duties to the community associations they create. Section 6.19 of the Restatement requires a developer of a community association to transfer the common property to the association and to turn over control of the association to the members after the time “reasonably necessary to protect its interests in completing and marketing the project.” Section 6.19 of the Restatement (Third) of Property: Servitudes also provides an association with the right to cancel certain contracts without penalty...

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