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.”
Gallery v. K. Hovnanian (Ariz. Ct. App. 2024).
· cites it 8× “A “homeowners' association dwelling action” is any action involving a construction defect as defined in section 12-1361 filed by a homeowners’ association arising out of or related to the design, construction, condition or sale of the dwelling.”
Rep Custom v. McBride (Ariz. Ct. App. 2019).
· cites it 6× “See generally A.R.S. §§ 12-1361 to - 1366. REP also filed a cross-motion for partial summary judgment on the merits of several of its claims, which McBride opposed.”
Tina Zambrano v. M & Rc II LLC (Ariz. 2022).
· cites it 4× “See A.R.S. §§ 12-1361 to -1366 (addressing “Purchaser Dwelling Actions” permitting a homebuyer to sue a builder-vendor for defects involving the builder’s “violation of construction codes,” “use of defective materials,” and “failure to adhere to generally accepted workmanship…”
Pointe 16 v. Gtis-Hov (Ariz. Ct. App. 2024).
· cites it 4× “The HOA filed suit against Hovnanian in two counts: Count 1 was a purchaser dwelling action under A.R.S. § 12-1361, while Count 2 was a claim for breach of the implied warranty of workmanship and habitability.”
Pointe 16 v. Gtis-Hov (Ariz. 2025).
· cites it 3× “Opinion of the Court dwelling action claim under A.R.S. § 12-1361, et seq., and (2) a claim for breach of the implied warranty of workmanship and habitability.”
Mcmurray v. Dream Catcher USA, Inc. (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.”
— 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 (Ariz. 2022).
“See A.R.S. §§ 12-1361 to -1366 (addressing “Purchaser Dwelling Actions” permitting a homebuyer to sue a builder-vendor for defects involving the builder’s “violation of construction codes,” “use of defective materials,” and “failure to adhere to generally accepted workmanship…”
Mcmurray v. Dream Catcher USA, Inc. (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.”
— Ariz. Rev. Stat. § 12-1361(4)(a) — 1 case
— Ariz. Rev. Stat. § 12-1361(4)(c) — 1 case
Gallery v. K. Hovnanian (Ariz. Ct. App. 2024).
“A “homeowners' association dwelling action” is any action involving a construction defect as defined in section 12-1361 filed by a homeowners’ association arising out of or related to the design, construction, condition or sale of the dwelling.”
— Ariz. Rev. Stat. § 12-1361(5) — 1 case
Rep Custom v. McBride (Ariz. Ct. App. 2019).
“See generally A.R.S. §§ 12-1361 to - 1366. REP also filed a cross-motion for partial summary judgment on the merits of several of its claims, which McBride opposed.”
— Ariz. Rev. Stat. § 12-1361(7) — 2 cases
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