Why Community Type Matters
Arizona law treats planned communities and condominiums as distinct legal entities, each governed by its own chapter of Title 33. The statute that applies to your community determines your voting rights, amendment procedures, financial disclosure requirements, and dispute-resolution options. Misidentifying your community type can lead you to research the wrong statute and cite inapplicable rules when you need to challenge a board decision or understand your rights.
- Planned Communities (A.R.S. 33-1801 et seq.) apply to developments where owners hold title to land and share common property or services.
- Condominiums (A.R.S. 33-1201 et seq.) apply to developments where owners hold title to individual units and share ownership of common elements.
- Each statute sets different rules for assessments, amendments, disclosure, and owner remedies—using the wrong one wastes time and weakens your position.
How to Identify Your Community Type
Your community type is established in the original recorded declaration or master deed filed with the county recorder. The document itself will state whether the development is a planned community or condominium. You do not need to infer it from physical features like shared walls or common pools; the legal classification is explicit in the recorded documents. If you own a resale property, your title company or seller's agent can point you to the recorded declaration.
- Request the recorded Declaration of Covenants, Conditions & Restrictions (CC&Rs) or Master Deed from your title company, county recorder, or HOA management office.
- Look for language that explicitly states 'planned community' or 'condominium' in the opening sections or definitions.
- Check the recorded document date and county—this confirms which statute version applies, as Arizona law has been amended over time.
Planned Communities Under A.R.S. 33-18xx
A planned community is a development where owners hold title to individual lots or parcels and share common property, facilities, or services managed by an association. Examples include single-family subdivisions with shared amenities, gated neighborhoods, and mixed-use developments. The Planned Communities Act governs how the association is formed, how it collects assessments, and what rights owners have to amend rules or remove board members.
- Owners hold fee-simple title to their individual lot or parcel; the association holds title to common property.
- Assessments fund common area maintenance, amenities, and services (roads, landscaping, security, pools).
- Amendment procedures, disclosure rules, and owner remedies are defined in A.R.S. 33-1801 through 33-1852.
Condominiums Under A.R.S. 33-12xx
A condominium is a development where owners hold title to individual units (apartments, townhomes, or detached homes) and share ownership of common elements (building structure, roof, hallways, parking, amenities). The Condominium Act governs the creation, governance, and operation of condominiums, including how the association manages common elements and collects assessments from unit owners.
- Owners hold title to their unit; the association holds title to common elements on behalf of all owners.
- Assessments cover common element maintenance, insurance, and shared services.
- Amendment procedures, disclosure rules, and owner remedies are defined in A.R.S. 33-1201 through 33-1270.
Key Differences in Rights and Procedures
Although both statutes protect owner rights, they differ in amendment voting thresholds, assessment approval processes, and disclosure timelines. For example, planned communities and condominiums have different rules for amending governing documents, removing board members, and accessing financial records. Understanding which statute applies ensures you cite the correct voting threshold or deadline when you challenge a board action or request information.
- Amendment voting thresholds differ: planned communities often require a different percentage than condominiums depending on the amendment type.
- Disclosure and financial reporting timelines vary by statute; condominiums have stricter reserve-study requirements in some cases.
- Dispute-resolution procedures, including mediation and arbitration options, are defined separately in each statute.
Confirming Your Community Type with ScoutReport
Once you have identified whether your community is a planned community or condominium, the next step is to understand what your declaration actually says about assessments, amendments, and enforcement. ScoutReport extracts and organizes the key language from your recorded declaration and CC&Rs so you can see exactly which rules apply to your situation—and confirm that your board is following the statute that governs your community type.
- Upload your recorded Declaration, CC&Rs, or resale package to ScoutReport and it will extract the community type, assessment rules, and amendment procedures into a labeled summary.
- ScoutReport flags the specific statute sections (33-18xx or 33-12xx) that apply based on declaration language, so you know which law to research when you need to verify a board decision.
- You review the extracted findings, verify them against your own documents, and use the summary to cite the correct statute when you communicate with your board or seek legal guidance.
- StreetScout fits this workflow: ScoutReport pulls declaration language so you can tell whether the Planned Communities Act (A.R.S. 33-18xx) or the Condominium Act (33-12xx) applies before you write the board. When you move from reading to action, StreetScout keeps summaries, drafts, and uploaded governing documents in one place so you are not re-explaining context at every step.
