A.R.S. § 33-1817

Declaration amendment; design, architectural committees; review

33-1817. Declaration amendment; design, architectural committees; review
A. Except during the period of declarant control, or if during the period of declarant control with the written
consent of the declarant in each instance, the following apply to an amendment to a declaration:
1. The declaration may be amended by the association, if any, or, if there is no association or
board, the owners of the property that is subject to the declaration, by an affirmative vote or
written consent of the number of owners or eligible voters specified in the declaration, including
the assent of any individuals or entities that are specified in the declaration.
2. An amendment to a declaration may apply to fewer than all of the lots or less than all of the
property that is bound by the declaration and an amendment is deemed to conform to the general
design and plan of the community, if both of the following apply:
(a) The amendment receives the affirmative vote or written consent of the number of
owners or eligible voters specified in the declaration, including the assent of any
individuals or entities that are specified in the declaration.
(b) The amendment receives the affirmative vote or written consent of all of the owners of
the lots or property to which the amendment applies.
3. Within thirty days after the adoption of any amendment pursuant to this section, the association
or, if there is no association or board, an owner that is authorized by the affirmative vote on or the
written consent to the amendment shall prepare, execute and record a written instrument setting
forth the amendment.
4. Notwithstanding any provision in the declaration that provides for periodic renewal of the
declaration, an amendment to the declaration is effective immediately on recordation of the
instrument in the county in which the property is located.
B. Notwithstanding any provision in the community documents:
1. Membership on a design review committee, an architectural committee or a committee that
performs similar functions, however denominated, for the planned community shall include at
least one member of the board of directors who shall serve as chairperson of the committee.
2. For new construction of the main residential structure on a lot or for rebuilds of the main
residential structure on a lot and only in a planned community that has enacted design guidelines,
architectural guidelines or other similar rules, however denominated, and if the association
documents permit the association to charge the member a security deposit and the association
requires the member to pay a security deposit to secure completion of the member's construction
project or compliance with approved plans, all of the following apply:
(a) The deposit shall be placed in a trust account with the following instructions:
(i) The cost of the trust account shall be shared equally between the association
and the member.
(ii) If the construction project is abandoned, the board of directors may determine
the appropriate use of any deposit monies.
(iii) Any interest earned on the refundable security deposit shall become part of
the security deposit.
(b) The association or the design review committee must hold a final design approval
meeting for the purpose of issuing approval of the plans, and the member or member's
agent must have the opportunity to attend the meeting. If the plans are approved, the
association's design review representative shall provide written acknowledgement that
the approved plans, including any approved amendments, are in compliance with all rules
and guidelines in effect at the time of the approval and that the refund of the deposit
requires that construction be completed in accordance with those approved plans.


(c) The association must provide for at least two on-site formal reviews during
construction for the purpose of determining compliance with the approved plans. The
member or member's agent shall be provided the opportunity to attend both formal
reviews. Within five business days after the formal reviews, the association shall cause a
written report to be provided to the member or member's agent specifying any
deficiencies, violations or unapproved variations from the approved plans, as amended,
that have come to the attention of the association.
(d) Within thirty business days after the second formal review, the association shall
provide to the member a copy of the written report specifying any deficiencies, violations
or unapproved variations from the approved plans, as amended, that have come to the
attention of the association. If the written report does not specify any deficiencies,
violations or unapproved variations from the approved plans, as amended, that have
come to the attention of the association, the association shall promptly release the
deposit monies to the member. If the report identifies any deficiencies, violations or
unapproved variations from the approved plans, as amended, the association may hold
the deposit for one hundred eighty days or until receipt of a subsequent report of
construction compliance, whichever is less. If a report of construction compliance is
received before the one hundred eightieth day, the association shall promptly release the
deposit monies to the member. If a compliance report is not received within one hundred
eighty days, the association shall release the deposit monies promptly from the trust
account to the association.
(e) Neither the approval of the plans nor the approval of the actual construction by the
association or the design review committee shall constitute a representation or warranty
that the plans or construction comply with applicable governmental requirements or
applicable engineering, design or safety standards. The association in its discretion may
release all or any part of the deposit to the member before receiving a compliance report.
Release of the deposit to the member does not constitute a representation or warranty
from the association that the construction complies with the approved plans.
3. Approval of a construction project's architectural designs, plans and amendments shall not
unreasonably be withheld.