Arizona Laws 12-1361. Definitions
In this article, unless the context otherwise requires:
Terms Used In Arizona Laws 12-1361
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Association: means either of the following:
(a) The unit owners' association organized under section 33-1241. See Arizona Laws 12-1361
- Construction codes: means the building, plumbing, electrical, fire, mechanical or other codes or ordinances, including the international residential code however denominated, as adopted, amended and enforced by the city, town or county in which the dwelling is located. See Arizona Laws 12-1361
- Construction defect: means a material deficiency in the design, construction, manufacture, repair, alteration, remodeling or landscaping of a dwelling that is the result of one of the following:
(a) A violation of construction codes applicable to the construction of the dwelling. See Arizona Laws 12-1361
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dwelling: means a single or multifamily unit designed for residential use and common areas and improvements that are owned or maintained by an association or by members of an association. See Arizona Laws 12-1361
- Dwelling action: means any action involving a construction defect brought by a purchaser against the seller of a dwelling arising out of or related to the design, construction, condition or sale of the dwelling. See Arizona Laws 12-1361
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Material deficiency: means a deficiency that actually impairs the structural integrity, the functionality or the appearance of the dwelling at the time of the claim, or is reasonably likely to actually impair the structural integrity, the functionality or the appearance of the dwelling in the foreseeable future if not repaired or replaced. See Arizona Laws 12-1361
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Purchaser: means any person or entity who files a dwelling action. See Arizona Laws 12-1361
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Seller: means any person, firm, partnership, corporation, association or other organization that is engaged in the business of designing, constructing or selling dwellings, including construction professionals. See Arizona Laws 12-1361
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 under the declaration to assess association members to pay the costs and expenses incurred in the performance of the association’s obligations under the declaration.
2. "Community documents" means the declaration, bylaws, articles of incorporation, if any, and rules, if any.
3. "Construction codes" means the building, plumbing, electrical, fire, mechanical or other codes or ordinances, including the international residential code however denominated, as adopted, amended and enforced by the city, town or county in which the dwelling is located.
4. "Construction defect" means a material deficiency in the design, construction, manufacture, repair, alteration, remodeling or landscaping of a dwelling that is the result of one of the following:
(a) A violation of construction codes applicable to the construction of the dwelling.
(b) The use of defective materials, products, components or equipment in the design, construction, manufacture, repair, alteration, remodeling or landscaping of the dwelling.
(c) The failure to adhere to generally accepted workmanship standards in the community.
5. "Construction professional" means an architect, contractor, subcontractor, developer, builder, builder vendor, supplier, engineer or inspector performing or furnishing the design, supervision, inspection, construction or observation of the construction of any improvement to real property.
6. "Dwelling" means a single or multifamily unit designed for residential use and common areas and improvements that are owned or maintained by an association or by members of an association. A dwelling includes the systems, other components and improvements that are part of a single or multifamily unit at the time of construction.
7. "Dwelling action" means any action involving a construction defect brought by a purchaser against the seller of a dwelling arising out of or related to the design, construction, condition or sale of the dwelling.
8. "Material deficiency" means a deficiency that actually impairs the structural integrity, the functionality or the appearance of the dwelling at the time of the claim, or is reasonably likely to actually impair the structural integrity, the functionality or the appearance of the dwelling in the foreseeable future if not repaired or replaced.
9. "Purchaser" means any person or entity who files a dwelling action.
10. "Seller" means any person, firm, partnership, corporation, association or other organization that is engaged in the business of designing, constructing or selling dwellings, including construction professionals. Seller does not include a real estate broker or real estate salesperson as defined in section 32-2101 who provides services in connection with the resale of a dwelling following its initial sale.