Ariz. Rev. Stat. » Title 33
Arizona Revised Statutes

Ariz. Rev. Stat. § 33-2001 (2026)

Definitions

✓ current as of May 2026
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In this chapter, unless the context otherwise requires:

1. "Community documents" means condominium documents as defined in section 33-1202 or community documents as defined in section 33-1802, including covenants, conditions and restrictions and deed restrictions applicable to the dwelling.

2. "Dwelling" means a newly constructed single family or multifamily unit designed for residential use and property and improvements that are either owned by a homeowners' association or jointly by all of the members of a homeowners' association. Dwelling includes the systems, other components and improvements that are part of a newly constructed single family or multifamily unit at the time of construction.

3. "Good faith" means honesty in fact in the conduct or transaction concerned.

4. "Homeowners' association" means an association as defined in section 33-1202 or 33-1802.

5. "Homeowners' association dwelling action" means any action involving a construction defect as defined in section 12-1361 filed by a homeowners' association against the seller of a dwelling arising out of or related to the design, construction, condition or sale of the dwelling.

6. "Seller" means any of the following:

(a) Any person, firm, partnership, corporation, association or other organization that is engaged in the business of building or selling dwellings.

(b) Any person, firm, partnership, corporation, association or other organization that performs functions relating to or furnishes the design, specifications, surveying, planning, supervising, testing, constructing or observation of the constructing of a dwelling.

(c) A real estate broker or salesperson as defined in section 32-2101.

 

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2024 · leading case: Pointe 16 v. Gtis-Hov (Ariz. Ct. App. 2024).
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Pointe 16 v. Gtis-Hov (Ariz. Ct. App. 2024). · cites it 20× “§ 33-2002 Is Inapplicable” because the HOA does not own the homes, so that its action was not an HOA dwelling action under A.R.S. § 33-2001 et seq. Ultimately, the court declined to consider the motion to dismiss because Hovnanian failed to comply with Arizona Rule of Civil…”
Gallery v. K. Hovnanian (Ariz. Ct. App. 2024). · cites it 20× “¶15 The HOA and amicus curiae Aire on McDowell Community Association argue that Arizona’s implied warranty of workmanship and habitability and A.R.S. § 33-2001 and § 33-2002 authorize the HOA to bring its action for construction defects.”
— Ariz. Rev. Stat. § 33-2001(2) — 1 case
Gallery v. K. Hovnanian (Ariz. Ct. App. 2024). “¶15 The HOA and amicus curiae Aire on McDowell Community Association argue that Arizona’s implied warranty of workmanship and habitability and A.R.S. § 33-2001 and § 33-2002 authorize the HOA to bring its action for construction defects.”
— Ariz. Rev. Stat. § 33-2001(5) — 2 cases
Gallery v. K. Hovnanian (Ariz. Ct. App. 2024). “¶15 The HOA and amicus curiae Aire on McDowell Community Association argue that Arizona’s implied warranty of workmanship and habitability and A.R.S. § 33-2001 and § 33-2002 authorize the HOA to bring its action for construction defects.”
Pointe 16 v. Gtis-Hov (Ariz. Ct. App. 2024). “§ 33-2002 Is Inapplicable” because the HOA does not own the homes, so that its action was not an HOA dwelling action under A.R.S. § 33-2001 et seq. Ultimately, the court declined to consider the motion to dismiss because Hovnanian failed to comply with Arizona Rule of Civil…”
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