12-1361. Definitions
In this article, unless the context otherwise requires:
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.
Notes of Decisions
McMurray v. Dream Catcher USA, Inc., 202 P.3d 536 (Ariz. Ct. App. 2009).
· cites it 4× “¶ 1 In this action pursuant to the Purchaser Dwelling Actions Act (“the Act”), A.R.S. §§ 12-1361 through 12-1366, defendant/appellant Dream Catcher USA, Inc.”
Albano v. Shea Homes Ltd. P'ship, 634 F.3d 524 (9th Cir. 2011).
“2 This action was dismissed because the plaintiffs had failed to comply with the Arizona Purchaser Dwelling Act, Ariz.Rev.Stat. Ann. § 12-1361 et seq.; specifically, they had not responded to the defendants’ offers to repair.”
Sullivan v. Pulte Home Corp., 354 P.3d 424 (Ariz. Ct. App. 2015).
· cites it 2× “House Bill 2578, codified in A.R.S. §§ 12-1361 to -1366, 33-2001 & -2002 (West, Westlaw through 1st Reg.”
Yanni, Thompson, Gunderson, Sayegh v. Tucker Plumbing, Inc., 312 P.3d 1130 (Ariz. Ct. App. 2013).
· cites it 2× “But the definitions and provisions of both the PDA and the statute of repose establish notification procedures and time limits that govern suits by homeowners against contractors and developers.”
Tina Zambrano v. M & Rc II LLC, 517 P.3d 1168 (Ariz. 2022).
· cites it 4× “at 245 (concluding subsequent purchasers can pursue claims against a builder-vendor for breach of the implied warranty, and explaining that “the purpose of a warranty is to protect innocent purchasers and hold builders accountable for their work” and thus “any reasoning which…”
Gallery v. K. Hovnanian, No. 1 CA-CR 23-0375-PRPC (Ariz. Ct. App. Aug. 6, 2024).
· cites it 8× “¶20 Section 12-1361(4)(c) integrates the implied warranty into statute by defining “construction defect” as any “material deficiency in the design construction, manufacture, repair, alteration, remodeling or landscaping of a dwelling that is the result of .”
Rep Custom v. McBride, No. 1 CA-CV 18-0358 (Ariz. Ct. App. June 4, 2019).
· cites it 6× “¶9 The superior court granted McBride’s motion for summary judgment and denied REP’s cross-motion.”
Pointe 16 v. Gtis-Hov, No. 1 CA-CV 23-0747 (Ariz. Ct. App. July 9, 2024).
· cites it 4× “§ 33-2002, which requires HOAs to get approval from the HOA board of directors and members, as well as provide notice and opportunity to repair to the seller.”
Pointe 16 v. Gtis-Hov, 575 P.3d 368 (Ariz. 2025).
· cites it 3× “On the breach of implied warranty claim, Defendants argued the HOA cannot prevail because (1) the implied warranty was created in favor of homebuyers, and (2) the HOA “is not a homeowner, does not represent the homeowners, and is not pursuing claims belonging to any homeowner.”
Mcmurray v. Dream Catcher USA, Inc., No. 2 CA-CV 2007-0165 (Ariz. Ct. App. Jan. 30, 2009).
· cites it 4× “¶1 In this action pursuant to the Purchaser Dwelling Actions Act (“the Act”), A.R.S. §§ 12-1361 through 12-1366, defendant/appellant Dream Catcher USA, Inc.”
Ariz. Rev. Stat. § 12-1361(4): 3 cases
McMurray v. Dream Catcher USA, Inc., 202 P.3d 536 (Ariz. Ct. App. 2009).
“¶ 1 In this action pursuant to the Purchaser Dwelling Actions Act (“the Act”), A.R.S. §§ 12-1361 through 12-1366, defendant/appellant Dream Catcher USA, Inc.”
Tina Zambrano v. M & Rc II LLC, 517 P.3d 1168 (Ariz. 2022).
“at 245 (concluding subsequent purchasers can pursue claims against a builder-vendor for breach of the implied warranty, and explaining that “the purpose of a warranty is to protect innocent purchasers and hold builders accountable for their work” and thus “any reasoning which…”
Mcmurray v. Dream Catcher USA, Inc., No. 2 CA-CV 2007-0165 (Ariz. Ct. App. Jan. 30, 2009).
“¶1 In this action pursuant to the Purchaser Dwelling Actions Act (“the Act”), A.R.S. §§ 12-1361 through 12-1366, defendant/appellant Dream Catcher USA, Inc.”
Ariz. Rev. Stat. § 12-1361(4)(a): 1 case
Ariz. Rev. Stat. § 12-1361(4)(c): 1 case
Gallery v. K. Hovnanian, No. 1 CA-CR 23-0375-PRPC (Ariz. Ct. App. Aug. 6, 2024).
“¶20 Section 12-1361(4)(c) integrates the implied warranty into statute by defining “construction defect” as any “material deficiency in the design construction, manufacture, repair, alteration, remodeling or landscaping of a dwelling that is the result of .”
Ariz. Rev. Stat. § 12-1361(5): 1 case
Rep Custom v. McBride, No. 1 CA-CV 18-0358 (Ariz. Ct. App. June 4, 2019).
“¶9 The superior court granted McBride’s motion for summary judgment and denied REP’s cross-motion.”
Ariz. Rev. Stat. § 12-1361(7): 2 cases
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