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SEDONA CITY STREETS

Sedona City Streets how2arizona real estate

Sedona City Streets  how2arizona real estate

Sedona City Street Map

The City of Sedona publishes online maps for streets.  In black are those streets that are maintained by the City, while the blue lines indicate those privately owned and maintained.

If you are buying a property in Sedona, it may be wise to have a survey done if you find that you own the street.  It is possible that your property line goes into the middle of the road.

If you click on the “maps for streets” it will link you to the City of Sedona site.  The purpose of the article is disclosure.  While most people live in areas where all streets are maintained by the city, many of Sedona’s are private.  Any repairs, resurfacing, or liability may be that of the owner.  Ask questions when you purchase.  Check with your insurance company.

Blue lines indicate private streets.

Sedona Private Streets how2arizona real estate

Blue:  Private Streets

The black lines indicate City-Maintained streets, while the blue lines indicate Private ones.

Suggestion:  if you are considering the purchase of a property with private streets, be certain to have a survey.  In many cases where there is no HOA, your new property line may run to the middle of the street.  So runs your maintenance and your liability.  Discuss the issue with your insurance agent.

West Sedona Streets how2arizona real estate

West Sedona Streets

Full disclosure is paramount to a happy real estate transaction.

Call me if I can be of assistance!  Kathy Howe – 928-274-4088

I’ll give you the name of the gentleman at the City of Sedona who can help you determine if your streets are city or private.

 

 

REALTOR CODE OF ETHICS

REALTOR CODE OF ETHICS how2arizona real estate

REALTOR CODE OF ETHICS how2arizona real estate

REALTOR CODE OF ETHICS

Ever wonder what working with a REALTOR(R) means to you, a home buyer or seller?

This month I taught 2 of my favorite real estate continuing education classes to Arizona REALTORS(R):   The Ethics of Dual Agency and Coding the Contract = Client Care.  Then yesterday two licensees asked me when I would be teaching my Ethics courses again…

I was first certified to teach the Code of Ethics back in 1989.

But, can you teach ethical behavior?

We can teach someone choices of behavior… usually pointing out consequences for bad behavior; but, can an educator “teach” ethical behavior?

Definition of a Code of Ethics:  ”A written set of guidelines issued by an organization to its workers and management to help them conduct their actions in accordance with its primary values and ethical standards.

If you are a REALTOR(R) or are working with one, consider the following:

Not Everything Did I Learn in Kindergarten…

Yesterday I had the privilege and pleasure of attending one of the best real estate continuing education classes ever.  25 years.  The class was put on by Lin Ferrara of Eagle University, First American Title, and featured Bill Gray of Arizona School of Real Estate and Business, along with our very own, Jim Sexton, of John Hall.  The class was “The Code Rules” with a certificate for 3 hours of Commissioner’s Standards.  It didn’t stop there!  That same class gave all REALTOR® attendees their “Quadrennial Code of Ethics Training”…yes!  Double value!

So what did I learn other than what I learned in kindergarten?

First, we need to review that insightful poem by Robert Fulghum which was read by Jim Sexton at the closing of the class:

  • Share everything
  • Play fair
  • Don’t hit people
  • Put things back where you found them
  • Clean up your own mess
  • Don’t take things that aren’t yours
  • Say you’re sorry when you hurt somebody
  • Wash your hands before you eat
  • Flush
  • Warm cookies and cold milk are good for you
  •  Live a balanced life
  • Learn some and think some
  • And draw and paint and sing and dance
  • And play and work everyday some
  • Take a nap every afternoon
  • When you go out into the world, watch out for traffic
  • Hold hands and stick together
  • Be aware of wonder

“Be aware of wonder.”  My personal favorite.

After 25 years in the real estate business as a salesperson, a broker, a trainer, an educator, a past member of the Arizona Real Estate Advisory Board, and an ardent believer that “if you can dream it, you can do it!”, I was profoundly moved and reminded of what professionalism means through the Code of Ethics and our Arizona statutes and rules.

What did I learn?  Some things…

Article 1:  I should never use the term “free” when I advertise my buyer-broker-value to a prospective client.  Nothing in life is “free”.

Article 2:  I must disclose what I know about my listing, but I am not required to investigate beyond my “standard of care”.  Apparent is something I can see.  Latent is different.

Article 3:  If I am not a member of a board/association, I must contact the listing agent before showing a property to see if the listing agent will be cooperative with me and pay me.  Until we have a statewide MLS, I could work for “free” if I’m not careful.

I must understand what a variable rate commission means and alert other brokers to put on their “best game” if I represent the seller, and a buyer, at a reduced commission, in a multiple offer situation.

Article 4:  I must disclose any interest I have or any interest my family has in a property.  If I can’t legally marry them (or remarry them), I should disclose them.

Article 5:  If I want to purchase a property so I can “flip” it, I should not undervalue it if asked by the seller to give it a value.  “Flipping” is okay.  Under-puffing the goods is not.

Article 6:  I must disclose the $xx “bonus” I get from the home warranty company for selling or giving a home warranty at closing.

Article 7:  I must get the approval of my buyer for my broker to receive a “bonus” from the listing broker if my buyer buys the listed property.

Article 8:  I must follow my broker’s office policies about earnest deposits and not keep client cash or checks in my desk drawer.  I must turn over these monies to my broker to keep in the broker trust account so the broker can account for these monies to the client.  Better than me losing the cash or the checks!!

Article 9:  I must leave you, my client, with a copy of any agreements, so I will email the pdf file to you after we have written and signed it.  Digital is great!  Save a tree!  We all have digital abilities through ZipForms, eSignatures, and the Internet.  Life is good.

Article 10:  I must never discriminate.  If you are red, yellow, black, brown, green, single with children, gay, lesbian, Irish, Jewish, male or female, legally blind or different from me, I should find you a house.

Article 11:   I will continue not to do certain types of real estate, like business broker biz or property management, because I don’t give it my best.  I will refer business if I cannot properly service a client according to the standard of care.  I will let my client know that we will do things differently if I cannot be as good as I can be.  I want Christmas cards every year.

Article 12:  If I advertise “free” anything, I need to explain the terms and conditions.  “Free, but…”

Article 13:  I should not overstep my 26th AZ Constitution Amendment abilities by giving legal advice on issues that I do not have expertise on, in, or around.  Attorneys are good.

Article 14:  If I am accused of being a bad REALTOR®, I’ll participate in the process so I can show I’m a good REALTOR®.

Article 15:  Don’t talk “stink” about competitors.  Don’t leave verbal cleat marks on the backs of competitors to get a listing or gain a buyer.

Article 16:  I can go door-to-door with door hangers and put them on a door with a sign on the property if I am doing all doors in the area.  It’s like mailing postcards…

Article 17:  If I cannot get along with, disagree with, or am having a dispute with, another REALTOR®, I will submit it to the REALTOR® family to settle.

I learned that the reason I am still in real estate after 25 years is because of the REALTOR® Code of Ethics, and because of those of you who were in the class.  We learn, participate, and teach others, and in doing so, raise the bar of professionalism.

We are a profession.

REALTOR SINCE 1986

how2arizona real estate REALTOR

Kathy Howe aka SedonaKathy

  • Owner/Broker/Trainer
  • how2arizona real estate LLC
  • Resident of Uptown Sedona
  • Owner of how2educate LLC (real estate school
  • Maricopa County Court Mediator

PROUD REALTOR

Arizona’s Planned Community Associations – ARS 33-1801

ARS 33-1801

ARS 33-1801

Planned Community Associations ARS 33-1801

If you are purchasing a property in a planned community in Arizona, you just might need to look a little further than the CC&Rs, the By-Laws, and the Rules.  Back in 1997, Arizona did a complete revamp of the statutes that affect Planned Communities.  These statutes may take precedence over some of the governing documents of your future property.

Here is the entire Statute affecting Planned Communities:

33-1801. Applicability; exemption

A. This chapter applies to all planned communities.

B. Notwithstanding any provisions in the community documents, this chapter does not apply to any school that receives monies from this state, including a charter school, and a school is exempt from regulation or any enforcement action by any homeowners’ association that is subject to this chapter. With the exception of homeschools as defined in section 15-802, schools shall not be established within the living units of a homeowners’ association. The homeowners’ association may enter into a contractual agreement with a school district or charter school to allow use of the homeowners’ association’s common areas by the school district or charter school.

C. This chapter does not apply to timeshare plans or associations that are subject to chapter 20 of this title.

 Planned Community Associations  ARS 33-1801

33-1802. Definitions

In this chapter and in the community documents, unless the context otherwise requires:

1. “Association” means a nonprofit corporation or unincorporated association of owners that is created pursuant to a declaration to own and operate portions of a planned community and that 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. “Declaration” means any instruments, however denominated, that establish a planned community and any amendment to those instruments.

4. “Planned community” means a real estate development which includes real estate owned and operated by a nonprofit corporation or unincorporated association of owners that is created for the purpose of managing, maintaining or improving the property and in which the owners of separately owned lots, parcels or units are mandatory members and are required to pay assessments to the association for these purposes. Planned community does not include a timeshare plan or a timeshare association that is governed by chapter 20 of this title.

 

33-1803. Penalties; notice to member of violationA. Unless limitations in the community documents would result in a lower limit for the assessment, the association shall not impose a regular assessment that is more than twenty per cent greater than the immediately preceding fiscal year’s assessment without the approval of the majority of the members of the association. Unless reserved to the members of the association, the board of directors may impose reasonable charges for the late payment of assessments. A payment by a member is deemed late if it is unpaid fifteen or more days after its due date, unless the community documents provide for a longer period. Charges for the late payment of assessments are limited to the greater of fifteen dollars or ten per cent of the amount of the unpaid assessment. Any monies paid by the member for an unpaid assessment shall be applied first to the principal amount unpaid and then to the interest accrued.B. After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association. Notwithstanding any provision in the community documents, the board of directors shall not impose a charge for a late payment of a penalty that exceeds the greater of fifteen dollars or ten per cent of the amount of the unpaid penalty. A payment is deemed late if it is unpaid fifteen or more days after its due date, unless the declaration, bylaws or rules of the association provide for a longer period. Any monies paid by a member for an unpaid penalty shall be applied first to the principal amount unpaid and then to the interest accrued. Notice pursuant to this subsection shall include information pertaining to the manner in which the penalty shall be enforced.C. A member who receives a written notice that the condition of the property owned by the member is in violation of the community documents without regard to whether a monetary penalty is imposed by the notice may provide the association with a written response by sending the response by certified mail within ten business days after the date of the notice. The response shall be sent to the address contained in the notice or in the recorded notice prescribed by section 33-1807, subsection J.

D. Within ten business days after receipt of the certified mail containing the response from the member, the association shall respond to the member with a written explanation regarding the notice that shall provide at least the following information unless previously provided in the notice of violation:

1. The provision of the community documents that has allegedly been violated.

2. The date of the violation or the date the violation was observed.

3. The first and last name of the person or persons who observed the violation.

4. The process the member must follow to contest the notice.

E. Unless the information required in subsection D, paragraph 4 of this section is provided in the notice of violation, the association shall not proceed with any action to enforce the community documents, including the collection of attorney fees, before or during the time prescribed by subsection D of this section regarding the exchange of information between the association and the member. At any time before or after completion of the exchange of information pursuant to this section, the member may petition for a hearing pursuant to section 41-2198.01 if the dispute is within the jurisdiction of the department of fire, building and life safety as prescribed in section 41-2198.01, subsection B.

 

33-1804. Open meetings; exceptions

A. Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the members’ association and the board of directors, and any regularly scheduled committee meetings, are open to all members of the association or any person designated by a member in writing as the member’s representative and all members or designated representatives so desiring shall be permitted to attend and speak at an appropriate time during the deliberations and proceedings. The board may place reasonable time restrictions on those persons speaking during the meeting but shall permit a member or member’s designated representative to speak once after the board has discussed a specific agenda item but before the board takes formal action on that item in addition to any other opportunities to speak. The board shall provide for a reasonable number of persons to speak on each side of an issue. Persons attending may tape record or videotape those portions of the meetings of the board of directors and meetings of the members that are open. The board of directors of the association may adopt reasonable rules governing the taping of open portions of the meetings of the board and the membership, but such rules shall not preclude such tape recording or videotaping by those attending. Any portion of a meeting may be closed only if that closed portion of the meeting is limited to consideration of one or more of the following:

1. Legal advice from an attorney for the board or the association. On final resolution of any matter for which the board received legal advice or that concerned pending or contemplated litigation, the board may disclose information about that matter in an open meeting except for matters that are required to remain confidential by the terms of a settlement agreement or judgment.

2. Pending or contemplated litigation.

3. Personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association, including records of the association directly related to the personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association.

4. Matters relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association.

5. Discussion of a member’s appeal of any violation cited or penalty imposed by the association except on request of the affected member that the meeting be held in an open session.

B. Notwithstanding any provision in the community documents, all meetings of the members’ association and the board shall be held in this state. A meeting of the members’ association shall be held at least once each year. Special meetings of the members’ association may be called by the president, by a majority of the board of directors or by members having at least twenty-five per cent, or any lower percentage specified in the bylaws, of the votes in the association. Not fewer than ten nor more than fifty days in advance of any meeting of the members the secretary shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address for each lot, parcel or unit owner or to any other mailing address designated in writing by a member. The notice shall state the time and place of the meeting. A notice of any special meeting of the members shall also state the purpose for which the meeting is called, including the general nature of any proposed amendment to the declaration or bylaws, changes in assessments that require approval of the members and any proposal to remove a director or an officer. The failure of any member to receive actual notice of a meeting of the members does not affect the validity of any action taken at that meeting.

C. Notwithstanding any provision in the declaration, bylaws or other community documents, for meetings of the board of directors that are held after the termination of declarant control of the association, notice to members of meetings of the board of directors shall be given at least forty-eight hours in advance of the meeting by newsletter, conspicuous posting or any other reasonable means as determined by the board of directors. An affidavit of notice by an officer of the corporation is prima facie evidence that notice was given as prescribed by this section. Notice to members of meetings of the board of directors is not required if emergency circumstances require action by the board before notice can be given. Any notice of a board meeting shall state the time and place of the meeting. The failure of any member to receive actual notice of a meeting of the board of directors does not affect the validity of any action taken at that meeting.

D. Notwithstanding any provision in the declaration, bylaws or other community documents, for meetings of the board of directors that are held after the termination of declarant control of the association, all of the following apply:

1. The agenda shall be available to all members attending.

2. An emergency meeting of the board of directors may be called to discuss business or take action that cannot be delayed until the next regularly scheduled board meeting. The minutes of the emergency meeting shall state the reason necessitating the emergency meeting. The minutes of the emergency meeting shall be read and approved at the next regularly scheduled meeting of the board of directors.

3. A quorum of the board of directors may meet by means of a telephone conference if a speakerphone is available in the meeting room that allows board members and association members to hear all parties who are speaking during the meeting.

4. Any quorum of the board of directors that meets informally to discuss association business, including workshops, shall comply with the open meeting and notice provisions of this section without regard to whether the board votes or takes any action on any matter at that informal meeting.

E. It is the policy of this state as reflected in this section that all meetings of a planned community, whether meetings of the members’ association or meetings of the board of directors of the association, be conducted openly and that notices and agendas be provided for those meetings that contain the information that is reasonably necessary to inform the members of the matters to be discussed or decided and to ensure that members have the ability to speak after discussion of agenda items, but before a vote of the board of directors is taken. Toward this end, any person or entity that is charged with the interpretation of these provisions shall take into account this declaration of policy and shall construe any provision of this section in favor of open meetings.

 

33-1805. Association financial and other records

A. Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member’s representative. The association shall not charge a member or any person designated by the member in writing for making material available for review. The association shall have ten business days to fulfill a request for examination. On request for purchase of copies of records by any member or any person designated by the member in writing as the member’s representative, the association shall have ten business days to provide copies of the requested records. An association may charge a fee for making copies of not more than fifteen cents per page.

B. Books and records kept by or on behalf of the association and the board may be withheld from disclosure to the extent that the portion withheld relates to any of the following:

1. Privileged communication between an attorney for the association and the association.

2. Pending litigation.

3. Meeting minutes or other records of a session of a board meeting that is not required to be open to all members pursuant to section 33-1804.

4. Personal, health or financial records of an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association, including records of the association directly related to the personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association.

5. Records relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association.

C. The association shall not be required to disclose financial and other records of the association if disclosure would violate any state or federal law.

 

33-1806. Resale of units; information required; fees; civil penalty; definition

A. For planned communities with fewer than fifty units, a member shall mail or deliver to a purchaser or a purchaser’s authorized agent within ten days after receipt of a written notice of a pending sale of the unit, and for planned communities with fifty or more units, the association shall mail or deliver to a purchaser or a purchaser’s authorized agent within ten days after receipt of a written notice of a pending sale that contains the name and address of the purchaser, all of the following in either paper or electronic format:

1. A copy of the bylaws and the rules of the association.

2. A copy of the declaration.

3. A dated statement containing:

(a) The telephone number and address of a principal contact for the association, which may be an association manager, an association management company, an officer of the association or any other person designated by the board of directors.

(b) The amount of the common regular assessment and the unpaid common regular assessment, special assessment or other assessment, fee or charge currently due and payable from the selling member. If the request is made by a lienholder, escrow agent, member or person designated by a member pursuant to section 33-1807, failure to provide the information pursuant to this subdivision within the time provided for in this subsection shall extinguish any lien for any unpaid assessment then due against that property.

(c) A statement as to whether a portion of the unit is covered by insurance maintained by the association.

(d) The total amount of money held by the association as reserves.

(e) If the statement is being furnished by the association, a statement as to whether the records of the association reflect any alterations or improvements to the unit that violate the declaration. The association is not obligated to provide information regarding alterations or improvements that occurred more than six years before the proposed sale. Nothing in this subdivision relieves the seller of a unit from the obligation to disclose alterations or improvements to the unit that violate the declaration, nor precludes the association from taking action against the purchaser of a unit for violations that are apparent at the time of purchase and that are not reflected in the association’s records.

(f) If the statement is being furnished by the member, a statement as to whether the member has any knowledge of any alterations or improvements to the unit that violate the declaration.

(g) A statement of case names and case numbers for pending litigation with respect to the unit filed by the association against the member or filed by the member against the association. The member shall not be required to disclose information concerning such pending litigation that would violate any applicable rule of attorney-client privilege under Arizona law.

(h) A statement that provides “I hereby acknowledge that the declaration, bylaws and rules of the association constitute a contract between the association and me (the purchaser). By signing this statement, I acknowledge that I have read and understand the association’s contract with me (the purchaser). I also understand that as a matter of Arizona law, if I fail to pay my association assessments, the association may foreclose on my property.” The statement shall also include a signature line for the purchaser and shall be returned to the association within fourteen calendar days.

4. A copy of the current operating budget of the association.

5. A copy of the most recent annual financial report of the association. If the report is more than ten pages, the association may provide a summary of the report in lieu of the entire report.

6. A copy of the most recent reserve study of the association, if any.

7. A statement summarizing any pending lawsuits, except those relating to the collection of assessments owed by members other than the selling member, in which the association is a named party, including the amount of any money claimed.

B. A purchaser or seller who is damaged by the failure of the member or the association to disclose the information required by subsection A of this section may pursue all remedies at law or in equity against the member or the association, whichever failed to comply with subsection A of this section, including the recovery of reasonable attorney fees.

C. The association may charge the member a fee of no more than an aggregate of four hundred dollars to compensate the association for the costs incurred in the preparation of a statement or other documents furnished by the association pursuant to this section for purposes of resale disclosure, lien estoppel and any other services related to the transfer or use of the property. In addition, the association may charge a rush fee of no more than one hundred dollars if the rush services are required to be performed within seventy-two hours after the request for rush services, and may charge a statement or other documents update fee of no more than fifty dollars if thirty days or more have passed since the date of the original disclosure statement or the date the documents were delivered. The association shall make available to any interested party the amount of any fee established from time to time by the association. If the aggregate fee for purposes of resale disclosure, lien estoppel and any other services related to the transfer or use of a property is less than four hundred dollars on January 1, 2010, the fee may increase at a rate of no more than twenty per cent per year based on the immediately preceding fiscal year’s amount not to exceed the four hundred dollar aggregate fee. The association may charge the same fee without regard to whether the association is furnishing the statement or other documents in paper or electronic format.

D. The fees prescribed by this section shall be collected no earlier than at the close of escrow and may only be charged once to a member for that transaction between the parties specified in the notice required pursuant to subsection A of this section. An association shall not charge or collect a fee relating to services for resale disclosure, lien estoppel and any other services related to the transfer or use of a property except as specifically authorized in this section. An association that charges or collects a fee in violation of this section is subject to a civil penalty of no more than one thousand two hundred dollars.

E. This section applies to a managing agent for an association that is acting on behalf of the association.

F. A sale in which a public report is issued pursuant to sections 32-2183 and 32-2197.02 or a sale pursuant to section 32-2181.02 is exempt from this section.

G. For the purposes of this section, unless the context otherwise requires, “member” means the seller of the unit title and excludes any real estate salesperson or real estate broker who is licensed under title 32, chapter 20 and who is acting as a salesperson or broker, any escrow agent who is licensed under title 6, chapter 7 and who is acting as an escrow agent and also excludes a trustee of a deed of trust who is selling the property in a trustee’s sale pursuant to chapter 6.1 of this title.

 

33-1807. Lien for assessments; priority; mechanics’ and materialmen’s liens

A. The association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes due. The association’s lien for assessments, for charges for late payment of those assessments, for reasonable collection fees and for reasonable attorney fees and costs incurred with respect to those assessments may be foreclosed in the same manner as a mortgage on real estate but may be foreclosed only if the owner has been delinquent in the payment of monies secured by the lien, excluding reasonable collection fees, reasonable attorney fees and charges for late payment of and costs incurred with respect to those assessments, for a period of one year or in the amount of one thousand two hundred dollars or more, whichever occurs first. Fees, charges, late charges, monetary penalties and interest charged pursuant to section 33-1803, other than charges for late payment of assessments are not enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment of the assessment becomes due. The association has a lien for fees, charges, late charges, other than charges for late payment of assessments, monetary penalties or interest charged pursuant to section 33-1803 after the entry of a judgment in a civil suit for those fees, charges, late charges, monetary penalties or interest from a court of competent jurisdiction and the recording of that judgment in the office of the county recorder as otherwise provided by law. The association’s lien for monies other than for assessments, for charges for late payment of those assessments, for reasonable collection fees and for reasonable attorney fees and costs incurred with respect to those assessments may not be foreclosed and is effective only on conveyance of any interest in the real property.

B. A lien for assessments, for charges for late payment of those assessments, for reasonable collection fees and for reasonable attorney fees and costs incurred with respect to those assessments under this section is prior to all other liens, interests and encumbrances on a unit except:

1. Liens and encumbrances recorded before the recordation of the declaration.

2. A recorded first mortgage on the unit, a seller’s interest in a first contract for sale pursuant to chapter 6, article 3 of this title on the unit recorded prior to the lien arising pursuant to subsection A of this section or a recorded first deed of trust on the unit.

3. Liens for real estate taxes and other governmental assessments or charges against the unit.

C. Subsection B of this section does not affect the priority of mechanics’ or materialmen’s liens or the priority of liens for other assessments made by the association. The lien under this section is not subject to chapter 8 of this title.

D. Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same real estate those liens have equal priority.

E. Recording of the declaration constitutes record notice and perfection of the lien for assessments, for charges for late payment of assessments, for reasonable collection fees and for reasonable attorney fees and costs incurred with respect to those assessments. Further recordation of any claim of lien for assessments under this section is not required.

F. A lien for an unpaid assessment is extinguished unless proceedings to enforce the lien are instituted within three years after the full amount of the assessment becomes due.

G. This section does not prohibit:

1. Actions to recover amounts for which subsection A of this section creates a lien.

2. An association from taking a deed in lieu of foreclosure.

H. A judgment or decree in any action brought under this section shall include costs and reasonable attorney fees for the prevailing party.

I. On written request, the association shall furnish to a lienholder, escrow agent, unit owner or person designated by a unit owner a statement setting forth the amount of any unpaid assessment against the unit. The association shall furnish the statement within ten days after receipt of the request, and the statement is binding on the association, the board of directors and every unit owner if the statement is requested by an escrow agency that is licensed pursuant to title 6, chapter 7. Failure to provide the statement to the escrow agent within the time provided for in this subsection shall extinguish any lien for any unpaid assessment then due.

J. The association shall record in the office of the county recorder in the county in which the planned community is located a notice stating the name of the association or designated agent or management company for the association, the address for the association and the telephone number of the association or its designated agent or management company. The notice shall include the name of the planned community, the date of the recording and the recorded instrument number or book and page for the main document that constitutes the declaration. If an association’s address, designated agent or management company changes, the association shall amend its notice or record a new notice within ninety days after the change.

K. Notwithstanding any provision in the community documents or in any contract between the association and a management company, unless the member directs otherwise, all payments received on a member’s account shall be applied first to any unpaid assessments, for unpaid charges for late payment of those assessments, for reasonable collection fees and for unpaid attorney fees and costs incurred with respect to those assessments, in that order, with any remaining amounts applied next to other unpaid fees, charges and monetary penalties or interest and late charges on any of those amounts.

 

33-1808. Flag display; political signs; caution signs; for sale, rent or lease signs; political activities

A. Notwithstanding any provision in the community documents, an association shall not prohibit the outdoor front yard or backyard display of any of the following:

1. The American flag or an official or replica of a flag of the United States army, navy, air force, marine corps or coast guard by an association member on that member’s property if the American flag or military flag is displayed in a manner consistent with the federal flag code (P.L. 94-344; 90 Stat. 810; 4 United States Code sections 4 through 10).

2. The POW/MIA flag.

3. The Arizona state flag.

4. An Arizona Indian nations flag.

5. The Gadsden flag.

B. The association shall adopt reasonable rules and regulations regarding the placement and manner of display of the American flag, the military flag, the POW/MIA flag, the Arizona state flag or an Arizona Indian nations flag. The association rules may regulate the location and size of flagpoles, may limit the member to displaying no more than two flags at once and may limit the height of the flagpole to no more than the height of the rooftop of the member’s home but shall not prohibit the installation of a flagpole in the front yard or backyard of the member’s property.

C. Notwithstanding any provision in the community documents, an association shall not prohibit the indoor or outdoor display of a political sign by an association member on that member’s property, except that an association may prohibit the display of political signs earlier than seventy-one days before the day of an election and later than three days after an election day. An association may regulate the size and number of political signs that may be placed on a member’s property if the association’s regulation is no more restrictive than any applicable city, town or county ordinance that regulates the size and number of political signs on residential property. If the city, town or county in which the property is located does not regulate the size and number of political signs on residential property, the association shall not limit the number of political signs, except that the maximum aggregate total dimensions of all political signs on a member’s property shall not exceed nine square feet. For the purposes of this subsection, “political sign” means a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer.

D. Notwithstanding any provision in the community documents, an association shall not prohibit the use of cautionary signs regarding children if the signs are used and displayed as follows:

1. The signs are displayed in residential areas only.

2. The signs are removed within one hour of children ceasing to play.

3. The signs are displayed only when children are actually present within fifty feet of the sign.

4. The temporary signs are no taller than three feet in height.

5. The signs are professionally manufactured or produced.

E. Notwithstanding any provision in the community documents, an association shall not prohibit children who reside in the planned community from engaging in recreational activity on residential roadways that are under the jurisdiction of the association and on which the posted speed limit is twenty-five miles per hour or less.

F. Notwithstanding any provision in the community documents, an association shall not prohibit or charge a fee for the use of, placement of or the indoor or outdoor display of a for sale, for rent or for lease sign and a sign rider by an association member on that member’s property in any combination, including a sign that indicates the member is offering the property for sale by owner. The size of a sign offering a property for sale, for rent or for lease shall be in conformance with the industry standard size sign, which shall not exceed eighteen by twenty-four inches, and the industry standard size sign rider, which shall not exceed six by twenty-four inches. This subsection applies only to a commercially produced sign, and an association may prohibit the use of signs that are not commercially produced. With respect to real estate for sale, for rent or for lease in the planned community, an association shall not prohibit in any way other than as is specifically authorized by this section or otherwise regulate any of the following:

1. Temporary open house signs or a member’s for sale sign. The association shall not require the use of particular signs indicating an open house or real property for sale and may not further regulate the use of temporary open house or for sale signs that are industry standard size and that are owned or used by the seller or the seller’s agent.

2. Open house hours. The association may not limit the hours for an open house for real estate that is for sale in the planned community, except that the association may prohibit an open house being held before 8:00 a.m. or after 6:00 p.m. and may prohibit open house signs on the common areas of the planned community.

3. An owner’s or an owner’s agent’s for rent or for lease sign unless an association’s documents prohibit or restrict leasing of a member’s property. An association shall not further regulate a for rent or for lease sign or require the use of a particular for rent or for lease sign other than the for rent or for lease sign shall not be any larger than the industry standard size sign of eighteen by twenty-four inches on or in the member’s property. If rental or leasing of a member’s property is not prohibited or restricted, the association may prohibit an open house for rental or leasing being held before 8:00 a.m. or after 6:00 p.m.

G. Notwithstanding any provision in the community documents, an association shall not prohibit door to door political activity, including solicitations of support or opposition regarding candidates or ballot issues, and shall not prohibit the circulation of political petitions, including candidate nomination petitions or petitions in support of or opposition to an initiative, referendum or recall or other political issue on property normally open to visitors within the association, except that an association may do the following:

1. Restrict or prohibit the door to door political activity from sunset to sunrise.

2. Require the prominent display of an identification tag for each person engaged in the activity, along with the prominent identification of the candidate or ballot issue that is the subject of the support or opposition.

H. A planned community shall not make any regulations regarding the number of candidates supported, the number of public officers supported or opposed in a recall or the number of propositions supported or opposed on a political sign.

I. A planned community shall not require political signs to be commercially produced or professionally manufactured or prohibit the utilization of both sides of a political sign.

J. A planned community is not required to comply with subsection G if the planned community restricts vehicular or pedestrian access to the planned community. Nothing in this section requires a planned community to make its common elements other than roadways and sidewalks that are normally open to visitors available for the circulation of political petitions to anyone who is not an owner or resident of the community.

K. An association or managing agent that violates subsection F of this section forfeits and extinguishes the lien rights authorized under section 33-1807 against that member’s property for a period of six consecutive months from the date of the violation.

 

33-1809. Parking; public service and public safety emergency vehicles; definition

A. Notwithstanding any provision in the community documents, an association shall not prohibit a resident from parking a motor vehicle on a street or driveway in the planned community if the vehicle is required to be available at designated periods at the person’s residence as a condition of the person’s employment and either of the following applies:

1. The resident is employed by a public service corporation that is regulated by the corporation commission, an entity regulated by the federal energy regulatory commission or a municipal utility and the public service corporation or municipal utility is required to prepare for emergency deployments of personnel and equipment for repair or maintenance of natural gas, electrical, telecommunications or water infrastructure, the vehicle has a gross vehicle weight rating of twenty thousand pounds or less and is owned or operated by the public service corporation or municipal utility and the vehicle bears an official emblem or other visible designation of the public service corporation or municipal utility.

2. The resident is employed by a public safety agency, including police or fire service for a federal, state, local or tribal agency or a private fire service provider or an ambulance service provider that is regulated pursuant to title 36, chapter 21.1, and the vehicle has a gross vehicle weight rating of ten thousand pounds or less and bears an official emblem or other visible designation of that agency.

B. For the purposes of this section, “telecommunications” means the transmission of information of the user’s choosing between or among points specified by the user without change in the form or content of the information as sent and received. Telecommunications does not include commercial mobile radio services.

 

33-1810. Board of directors; annual audit

Unless any provision in the planned community documents requires an annual audit by a certified public accountant, the board of directors shall provide for an annual financial audit, review or compilation of the association. The audit, review or compilation shall be completed no later than one hundred eighty days after the end of the association’s fiscal year and shall be made available upon request to the members within thirty days after its completion.

 

33-1811. Board of directors; contracts; conflict

If any contract, decision or other action for compensation taken by or on behalf of the board of directors would benefit any member of the board of directors or any person who is a parent, grandparent, spouse, child or sibling of a member of the board of directors or a parent or spouse of any of those persons, that member of the board of directors shall declare a conflict of interest for that issue. The member shall declare the conflict in an open meeting of the board before the board discusses or takes action on that issue and that member may then vote on that issue. Any contract entered into in violation of this section is void and unenforceable.

 

33-1812. Proxies; absentee ballots; definition

A. Notwithstanding any provision in the community documents, after termination of the period of declarant control, votes allocated to a unit may not be cast pursuant to a proxy. The association shall provide for votes to be cast in person and by absentee ballot and may provide for voting by some other form of delivery. Notwithstanding section 10-3708 or the provisions of the community documents, any action taken at an annual, regular or special meeting of the members shall comply with all of the following if absentee ballots are used:

1. The absentee ballot shall set forth each proposed action.

2. The absentee ballot shall provide an opportunity to vote for or against each proposed action.

3. The absentee ballot is valid for only one specified election or meeting of the members and expires automatically after the completion of the election or meeting.

4. The absentee ballot specifies the time and date by which the ballot must be delivered to the board of directors in order to be counted, which shall be at least seven days after the date that the board delivers the unvoted absentee ballot to the member.

5. The absentee ballot does not authorize another person to cast votes on behalf of the member.

B. Votes cast by absentee ballot or other form of delivery are valid for the purpose of establishing a quorum.

C. Notwithstanding subsection A of this section, an association for a timeshare plan as defined in section 32-2197 may permit votes by a proxy that is duly executed by a unit owner.

D. For the purposes of this section, “period of declarant control” means the time during which the declarant or persons designated by the declarant may elect or appoint the members of the board of directors pursuant to the community documents or by virtue of superior voting power.

 

33-1813. Removal of board member; special meeting

A. Notwithstanding any provision of the declaration or bylaws to the contrary, the members, by a majority vote of members entitled to vote and voting on the matter at a meeting of the members called pursuant to this section at which a quorum is present, may remove any member of the board of directors with or without cause, other than a member appointed by the declarant. For purposes of calling for removal of a member of the board of directors, other than a member appointed by the declarant, the following apply:

1. In an association with one thousand or fewer members, on receipt of a petition that calls for removal of a member of the board of directors and that is signed by the number of persons who are entitled to cast at least twenty-five per cent of the votes in the association or one hundred votes in the association, whichever is less, the board shall call and provide written notice of a special meeting of the association as prescribed by section 33-1804, subsection B.

2. Notwithstanding section 33-1804, subsection B, in an association with more than one thousand members, on receipt of a petition that calls for removal of a member of the board of directors and that is signed by the number of persons who are entitled to cast at least ten per cent of the votes in the association or one thousand votes in the association, whichever is less, the board shall call and provide written notice of a special meeting of the association. The board shall provide written notice of a special meeting as prescribed by section 33-1804, subsection B.

3. The special meeting shall be called, noticed and held within thirty days after receipt of the petition.

4. For purposes of a special meeting called pursuant to this subsection, a quorum is present if the number of owners to whom at least twenty per cent of the votes or one thousand votes, whichever is less, are allocated is present at the meeting in person or as otherwise permitted by law.

5. If a civil action is filed regarding the removal of a board member, the prevailing party in the civil action shall be awarded its reasonable attorney fees and costs.

6. The board of directors shall retain all documents and other records relating to the proposed removal of the member of the board of directors for at least one year after the date of the special meeting and shall permit members to inspect those documents and records pursuant to section 33-1805.

7. A petition that calls for the removal of the same member of the board of directors shall not be submitted more than once during each term of office for that member.

B. For an association in which board members are elected from separately designated voting districts, a member of the board of directors, other than a member appointed by the declarant, may be removed only by a vote of the members from that voting district, and only the members from that voting district are eligible to vote on the matter or be counted for purposes of determining a quorum.

 

33-1814. Slum property; professional management

For any residential rental units that have been declared a slum property by the city or town pursuant to section 33-1905 and that are in the planned community, the association is responsible for enforcing any requirement for a licensed property management firm that is imposed by a city or town pursuant to section 33-1906.

 

33-1815. Association authority; commercial signage

Notwithstanding any provision in the community documents, after an association has approved a commercial sign, including its registered trademark that is located on properties zoned for commercial use in the planned community, the association, including any subsequently elected board of directors, may not revoke or modify its approval of that sign if the owner or operator of the sign has received approval for the sign from the local or county governing body with jurisdiction over the sign.

 

33-1816. Solar energy devices; reasonable restrictions; fees and costs

A. Notwithstanding any provision in the community documents, an association shall not prohibit the installation or use of a solar energy device as defined in section 44-1761.

B. An association may adopt reasonable rules regarding the placement of a solar energy device if those rules do not prevent the installation, impair the functioning of the device or restrict its use or adversely affect the cost or efficiency of the device.

C. Notwithstanding any provision of the community documents, the court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section.

 

33-1817. Declaration amendment; design, architectural committees; review

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:

(a) If the association documents permit the association to charge the member a security deposit and if the association requires the member to pay a security deposit to secure completion of the member’s construction project or compliance with approved plans, 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 and 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.

Planned Community Association ARS 33-1801

This is current as of 8-18-12

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Kathy Howe

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 Planned Community Associations ARS 33-1801

Arizona Cities and Towns

Counties of Arizona

Counties of Arizona

Click here for a list of Arizona Counties

Click here for the official Arizona State Map for Cities, Towns, Counties, Voting, Election Info…

Click here for the Arizona Census Map giving facts about each of Arizona’s cities and towns

Wikipedia has this list published of

Arizona Cities and Towns:

Incorporated:

Name Type[12] County Population
(2010)[13]
Area (2010)[14] Density (2010)
(Pop./mi2)[14]
Incorporated[15]
Apache Junction City Pinal[a] 35,840 35.00 sq mi (90.6 km2) 1,024.2 1978
Avondale City Maricopa 76,238 45.65 sq mi (118.2 km2) 1,672.0 1946
Benson City Cochise 5,105 41.46 sq mi (107.4 km2) 123.3 1924
Bisbee[b] City Cochise 5,575 5.16 sq mi (13.4 km2) 1,080.3 1902
Buckeye Town Maricopa 50,876 375.39 sq mi (972.3 km2) 135.6 1929
Bullhead City City Mohave 39,540 60.18 sq mi (155.9 km2) 665.9 1984
Camp Verde Town Yavapai 10,873 43.15 sq mi (111.8 km2) 252.0 1986
Carefree Town Maricopa 3,363 8.81 sq mi (22.8 km2) 382.2 1986
Casa Grande City Pinal 48,571 109.67 sq mi (284.0 km2) 442.9 1915
Cave Creek Town Maricopa 5,015 37.92 sq mi (98.2 km2) 132.3 1986
Chandler City Maricopa 236,123 64.52 sq mi (167.1 km2) 3,665.8 1920
Chino Valley Town Yavapai 10,817 63.43 sq mi (164.3 km2) 170.7 1970
Clarkdale Town Yavapai 4,097 10.57 sq mi (27.4 km2) 393.1 1957
Clifton[b] Town Greenlee 3,311 15.0 sq mi (38.8 km2) 226.7 1909
Colorado City Town Mohave 4,821 10.34 sq mi (26.8 km2) 466.5 1985
Coolidge City Pinal 11,825 56.58 sq mi (146.5 km2) 209.3 1945
Cottonwood Town Yavapai 11,265 16.41 sq mi (42.5 km2) 686.5 1960
Dewey-Humboldt Town Yavapai 3,894 18.59 sq mi (48.1 km2) 209.5 2004
Douglas City Cochise 17,378 9.98 sq mi (25.8 km2) 1,741.0 1905
Duncan Town Greenlee 696 2.16 sq mi (5.6 km2) 323.0 1938
Eagar Town Apache 4,885 11.24 sq mi (29.1 km2) 434.9 1948
El Mirage City Maricopa 31,797 10.09 sq mi (26.1 km2) 3,170.7 1951
Eloy City Pinal 16,631 111.57 sq mi (289.0 km2) 149.1 1949
Flagstaff[b] City Coconino 65,870 63.91 sq mi (165.5 km2) 1,031.3 1894
Florence[b] Town Pinal 25,536 52.49 sq mi (135.9 km2) 486.9 1908
Fountain Hills Town Maricopa 22,489 20.42 sq mi (52.9 km2) 1,106.2 1989
Fredonia Town Coconino 1,314 7.32 sq mi (19.0 km2) 179.4 1956
Gila Bend Town Maricopa 1,922 55.37 sq mi (143.4 km2) 34.7 1962
Gilbert Town Maricopa 208,453 68.15 sq mi (176.5 km2) 3,067.2 1920
Glendale City Maricopa 226,721 60.13 sq mi (155.7 km2) 3,780.2 1910
Globe[b] City Gila 7,532 18.20 sq mi (47.1 km2) 414.2 1907
Goodyear City Maricopa 65,275 191.52 sq mi (496.0 km2) 340.9 1946
Guadalupe Town Maricopa 5,523 0.81 sq mi (2.1 km2) 6,833.0 1975
Hayden Town Gila 662 1.27 sq mi (3.3 km2) 523.2 1956
Holbrook[b] City Navajo 5,053 17.37 sq mi (45.0 km2) 291.3 1917
Huachuca City Town Cochise 1,853 2.81 sq mi (7.3 km2) 659.2 1958
Jerome Town Yavapai 444 0.86 sq mi (2.2 km2) 514.0 1889
Kearny Town Pinal 1,950 2.81 sq mi (7.3 km2) 706.0 1959
Kingman[b] City Mohave 28,068 34.82 sq mi (90.2 km2) 806.1 1952
Lake Havasu City City Mohave 52,527 44.48 sq mi (115.2 km2) 1,182.1 1978
Litchfield Park City Maricopa 5,476 3.34 sq mi (8.7 km2) 1,653.7 1987
Mammoth Town Pinal 1,426 1.04 sq mi (2.7 km2) 1,372.6 1958
Marana Town Pima 34,961 122.20 sq mi (316.5 km2) 287.8 1977
Maricopa City Pinal 43,482 47.57 sq mi (123.2 km2) 916.0 2003
Mesa City Maricopa 439,041 137.06 sq mi (355.0 km2) 3,217.5 1883
Miami Town Gila 1,837 0.88 sq mi (2.3 km2) 2,085.8 1918
Nogales[b] City Santa Cruz 20,837 20.84 sq mi (54.0 km2) 1,001.0 1893
Oro Valley Town Pima 41,011 35.64 sq mi (92.3 km2) 1,154.3 1974
Page City Coconino 7,247 16.64 sq mi (43.1 km2) 435.9 1975
Paradise Valley Town Maricopa 12,820 15.46 sq mi (40.0 km2) 830.9 1961
Parker[b] Town La Paz 3,083 21.99 sq mi (57.0 km2) 140.3 1948
Patagonia Town Santa Cruz 913 1.29 sq mi (3.3 km2) 709.1 1948
Payson Town Gila 15,301 19.47 sq mi (50.4 km2) 786.0 1973
Peoria City Maricopa[a] 154,065 177.97 sq mi (460.9 km2) 883.4 1954
Phoenix[b] City Maricopa 1,445,632 517.95 sq mi (1,341.5 km2) 2,797.8 1881
Pima Town Graham 2,387 5.93 sq mi (15.4 km2) 405.7 1916
Pinetop-Lakeside Town Navajo 4,282 11.37 sq mi (29.4 km2) 379.1 1984
Prescott[b] City Yavapai 39,843 41.58 sq mi (107.7 km2) 963.8 1883
Prescott Valley Town Yavapai 38,822 38.65 sq mi (100.1 km2) 1,004.4 1978
Quartzsite Town La Paz 3,677 36.72 sq mi (95.1 km2) 100.1 1989
Queen Creek Town Maricopa[a] 26,361 28.07 sq mi (72.7 km2) 940.1 1989
Safford[b] City Graham 9,566 8.59 sq mi (22.2 km2) 1,117.4 1901
Sahuarita Town Pima 25,259 31.04 sq mi (80.4 km2) 813.8 1994
San Luis City Yuma 25,505 32.10 sq mi (83.1 km2) 796.3 1979
Scottsdale City Maricopa 217,385 184.40 sq mi (477.6 km2) 1,182.0 1951
Sedona City Yavapai[a] 10,031 19.18 sq mi (49.7 km2) 524.1 1988
Show Low City Navajo 10,660 41.17 sq mi (106.6 km2) 260.4 1953
Sierra Vista City Cochise 43,888 152.54 sq mi (395.1 km2) 288.2 1956
Snowflake Town Navajo 5,590 33.58 sq mi (87.0 km2) 166.8 1948
Somerton City Yuma 14,287 7.30 sq mi (18.9 km2) 1,959.8 1918
South Tucson City Pima 5,652 1.04 sq mi (2.7 km2) 5,423.1 1940
Springerville Town Apache 1,961 11.69 sq mi (30.3 km2) 170.1 1948
St. Johns[b] City Apache 3,480 26.08 sq mi (67.5 km2) 134.3 1946
Star Valley Town Gila 1,970 36.13 sq mi (93.6 km2) 64.0 2005
Superior Town Pinal 2,837 1.94 sq mi (5.0 km2) 1,463.1 1976
Surprise City Maricopa 117,517 105.87 sq mi (274.2 km2) 1,111.3 1960
Taylor Town Navajo 4,112 32.67 sq mi (84.6 km2) 125.9 1966
Tempe City Maricopa 161,719 40.19 sq mi (104.1 km2) 4,050.1 1894
Thatcher Town Graham 4,865 6.13 sq mi (15.9 km2) 724.6 1899
Tolleson City Maricopa 6,545 5.75 sq mi (14.9 km2) 1,139.2 1929
Tombstone City Cochise 1,380 4.31 sq mi (11.2 km2) 319.9 1881
Tucson[b] City Pima 520,116 227.03 sq mi (588.0 km2) 2,294.2 1877
Tusayan Town Coconino 558 [c] 8.91 sq mi (23.1 km2[d] 62.6 2010
Wellton Town Yuma 2,882 28.93 sq mi (74.9 km2) 99.6 1970
Wickenburg Town Maricopa 6,363 18.77 sq mi (48.6 km2) 339.1 1909
Willcox City Cochise 3,757 6.28 sq mi (16.3 km2) 611.0 1915
Williams City Coconino 3,023 43.79 sq mi (113.4 km2) 69.6 1901
Winkelman Town Gila 353 0.75 sq mi (1.9 km2) 473.9 1949
Winslow City Navajo 9,655 12.35 sq mi (32.0 km2) 785.1 1900
Youngtown Town Maricopa 6,156 1.54 sq mi (4.0 km2) 4,016.1 1960
Yuma[b] City Yuma 93,064 120.41 sq mi (311.9 km2) 773.7 1914

[edit]Census-designated places

 

Name County Population
(2010)[13]
Area (2010)[14] Density (2010)
(Pop./mi2)[14]
Reservation[16]
(if applicable)
Aguila Maricopa 798 1.57 sq mi (4.1 km2) 508.1
Ajo Pima 3,304 33.33 sq mi (86.3 km2) 99.1
Ak Chin Pima 30 0.53 sq mi (1.4 km2) 57.0 Tohono O’odham
Ak-Chin Village Pinal 862 10.58 sq mi (27.4 km2) 81.5 Ak-Chin
Alamo Lake La Paz 25 46.56 sq mi (120.6 km2) 0.6
Ali Chuk Pima 161 1.44 sq mi (3.7 km2) 111.7 Tohono O’odham
Ali Chukson Pima 132 2.07 sq mi (5.4 km2) 63.8 Tohono O’odham
Ali Molina Pima 71 0.77 sq mi (2.0 km2) 92.1 Tohono O’odham
Alpine Apache 145 0.6 sq mi (1.6 km2) 241.3
Amado Santa Cruz 295 5.27 sq mi (13.6 km2) 56.1
Anegam Pima 151 2.31 sq mi (6.0 km2) 65.3 Tohono O’odham
Antares Mohave 126 0.65 sq mi (1.7 km2) 194.8
Anthem Maricopa 21,700 7.99 sq mi (20.7 km2) 2,717.8
Arivaca Pima 695 27.78 sq mi (71.9 km2) 25.0
Arivaca Junction Pima 1,090 2.92 sq mi (7.6 km2) 372.9
Arizona City Pinal 10,475 6.18 sq mi (16.0 km2) 1,713.6
Arizona Village Mohave 946 1.59 sq mi (4.1 km2) 594.9 Fort Mojave
Arlington Maricopa 194 2.34 sq mi (6.1 km2) 82.8
Ash Fork Yavapai 396 2.31 sq mi (6.0 km2) 171.6
Avenue B and C Yuma 4,176 0.74 sq mi (1.9 km2) 5,681.5
Avra Valley Pima 6,050 22.19 sq mi (57.5 km2) 272.7
Aztec Yuma 47 6.16 sq mi (16.0 km2) 7.6
Bagdad Yavapai 1,876 7.98 sq mi (20.7 km2) 235.0
Bear Flat Gila 18 0.21 sq mi (0.5 km2) 85.4
Beaver Dam Mohave 1,962 8.42 sq mi (21.8 km2) 233.2
Beaver Valley Gila 231 1.50 sq mi (3.9 km2) 153.7
Beyerville Santa Cruz 177 0.33 sq mi (0.9 km2) 531.4
Bitter Springs Coconino 452 8.02 sq mi (20.8 km2) 56.3 Navajo
Black Canyon City Yavapai 2,837 24.27 sq mi (62.9 km2) 116.9
Blackwater Pinal 1,062 17.94 sq mi (46.5 km2) 59.2 Gila River
Bluewater La Paz 725 2.39 sq mi (6.2 km2) 349.0 Colorado River
Bouse La Paz 996 136.22 sq mi (352.8 km2) 7.3
Bowie Cochise 449 1.70 sq mi (4.4 km2) 264.7
Brenda La Paz 676 6.91 sq mi (17.9 km2) 97.8
Bryce Graham 175 0.84 sq mi (2.2 km2) 208.0
Buckshot Yuma 153 0.32 sq mi (0.8 km2) 505.9
Burnside Apache 537 9.28 sq mi (24.0 km2) 57.9 Navajo
Bylas Graham 1,962 4.40 sq mi (11.4 km2) 447.5 San Carlos Apache
Cactus Flats Graham 1,518 6.19 sq mi (16.0 km2) 247.1
Cactus Forest Pinal 594 2.73 sq mi (7.1 km2) 217.4
Cameron Coconino 885 18.72 sq mi (48.5 km2) 47.3 Navajo
Campo Bonito Pinal 74 4.02 sq mi (10.4 km2) 18.4
Cane Beds Mohave 448 8.29 sq mi (21.5 km2) 54.1
Canyon Day Gila 1,209 5.08 sq mi (13.2 km2) 240.7 Fort Apache
Carrizo Gila 127 9.05 sq mi (23.4 km2) 14.1 Fort Apache
Casa Blanca Pinal 1,388 15.79 sq mi (40.9 km2) 87.9 Gila River
Casa Adobes Pima 66,795 26.87 sq mi (69.6 km2) 2,496.9
Catalina Pima 7,569 14.11 sq mi (36.5 km2) 536.4
Catalina Foothills Pima 50,796 42.11 sq mi (109.1 km2) 1,209.2
Cedar Creek Gila 318 17.04 sq mi (44.1 km2) 18.7 Fort Apache
Centennial Park Mohave 1,264 2.17 sq mi (5.6 km2) 582.8
Central Graham 645 1.89 sq mi (4.9 km2) 341.8
Central Heights-Midland City Gila 2,534 1.94 sq mi (5.0 km2) 1,303.1
Charco Pima 52 0.93 sq mi (2.4 km2) 55.9 Tohono O’odham
Chiawuli Tak Pima 78 2.43 sq mi (6.3 km2) 32.0 Tohono O’odham
Chilchinbito Navajo 506 23.77 sq mi (61.6 km2) 21.3 Navajo
Chinle Apache 4,518 16.05 sq mi (41.6 km2) 281.9 Navajo
Chloride Mohave 271 1.51 sq mi (3.9 km2) 179.8
Christopher Creek Gila 156 3.03 sq mi (7.8 km2) 51.4
Chuichu Pinal 269 6.87 sq mi (17.8 km2) 39.2 Tohono O’odham
Cibecue Navajo 1,713 5.97 sq mi (15.5 km2) 286.9 Fort Apache
Cibola La Paz 250 20.19 sq mi (52.3 km2) 12.8
Cienega Springs La Paz 1,798 20.19 sq mi (52.3 km2) 12.8
Citrus Park Maricopa 4,028 5.80 sq mi (15.0 km2) 695.1
Clacks Canyon Mohave 173 3.32 sq mi (8.6 km2) 52.1
Claypool Gila 1,538 1.18 sq mi (3.1 km2) 1,308.9
Clay Springs Navajo 401 2.85 sq mi (7.4 km2) 140.9
Comobabi Pima 8 1.15 sq mi (3.0 km2) 7 Tohono O’odham
Concho Apache 38 0.45 sq mi (1.2 km2) 85.3
Congress Yavapai 1,975 37.69 sq mi (97.6 km2) 52.4
Copper Hill Gila 108 7.35 sq mi (19.0 km2) 14.7
Cordes Lakes Yavapai 2,633 10.81 sq mi (28.0 km2) 243.6
Cornfields Apache 255 0.39 sq mi (1.0 km2) 659.3 Navajo
Cornville Yavapai 3,280 13.20 sq mi (34.2 km2) 248.4
Corona de Tucson Pima 5,675 6.09 sq mi (15.8 km2) 932.2
Cottonwood Apache 226 0.14 sq mi (0.4 km2) 1,578.4 Navajo
Cowlic Pima 135 0.80 sq mi (2.1 km2) 168.8 Tohono O’odham
Crozier Mohave 14 1.05 sq mi (2.7 km2) 13.3
Crystal Beach Mohave 279 0.34 sq mi (0.9 km2) 824.6
Cutter Gila 74 0.83 sq mi (2.1 km2) 89.6 San Carlos Apache
Dateland Yuma 416 22.09 sq mi (57.2 km2) 18.8
Deer Creek Gila 216 1.74 sq mi (4.5 km2) 123.9
Del Muerto Apache 329 0.99 sq mi (2.6 km2) 332.2 Navajo
Dennehotso Apache 746 9.96 sq mi (25.8 km2) 75.0 Navajo
Desert Hills Mohave 2,245 4.90 sq mi (12.7 km2) 521.0
Dilkon Navajo 1,184 16.60 sq mi (43.0 km2) 71.3 Navajo
Dolan Springs Mohave 2,033 58.12 sq mi (150.5 km2) 35.0
Doney Park Coconino 5,395 14.96 sq mi (38.7 km2) 360.7
Donovan Estates Yuma 1,508 0.12 sq mi (0.3 km2) 12,430.8
Dragoon Cochise 209 1.75 sq mi (4.5 km2) 119.4
Drexel Heights Pima 27,749 20.20 sq mi (52.3 km2) 1,373.9 Pascua Yaqui[e]
Dripping Springs Gila 235 6.70 sq mi (17.4 km2) 35.1
Drysdale Yuma 272 0.16 sq mi (0.4 km2) 1,662.6
Dudleyville Pinal 959 6.71 sq mi (17.4 km2) 143.0
East Fork Navajo 699 1.94 sq mi (5.0 km2) 360.4 Fort Apache
East Globe Gila 226 3.45 sq mi (8.9 km2) 65.6 San Carlos Apache
East Verde Estates Gila 170 2.50 sq mi (6.5 km2) 67.9
Ehrenberg La Paz 1,470 12.13 sq mi (31.4 km2) 123.3
El Capitan Gila 37 6.08 sq mi (15.7 km2) 6.1
Elephant Head Pima 612 7.43 sq mi (19.2 km2) 82.4
Elfrida Cochise 459 3.83 sq mi (9.9 km2) 119.7
Elgin Santa Cruz 161 5.95 sq mi (15.4 km2) 27.1
El Prado Estates Yuma 504 0.97 sq mi (2.5 km2) 520.3
First Mesa Navajo 1,555 15.75 sq mi (40.8 km2) 98.8 Hopi
Flowing Springs Gila 42 1.71 sq mi (4.4 km2) 24.6
Flowing Wells Pima 16,419 4.02 sq mi (10.4 km2) 4,084.5
Fort Apache Navajo 143 125.7 sq mi (325.6 km2) 125.7 Fort Apache
Fort Defiance Apache 3,624 6.10 sq mi (15.8 km2) 594.2 Navajo
Fort Mohave Mohave 14,364 16.70 sq mi (43.3 km2) 860.4 Fort Mojave
Fort Thomas Graham 374 8.67 sq mi (22.5 km2) 43.1
Fort Valley Coconino 779 7.64 sq mi (19.8 km2) 101.9
Fortuna Foothills Yuma 26,265 40.17 sq mi (104.0 km2) 653.8
Franklin Greenlee 92 1.00 sq mi (2.6 km2) 91.8
Freedom Acres Gila 84 1.75 sq mi (4.5 km2) 47.9
Gadsden Yuma 678 1.96 sq mi (5.1 km2) 345.6
Ganado Apache 1,210 9.15 sq mi (23.7 km2) 132.3 Navajo
Geronimo Estates Gila 60 1.32 sq mi (3.4 km2) 45.4
Gila Crossing Maricopa 621 0.87 sq mi (2.3 km2) 714.5 Gila River
Gisela Gila 570 2.88 sq mi (7.5 km2) 199.2
Gold Canyon Pinal 10,159 22.39 sq mi (58.0 km2) 453.7
Golden Shores Mohave 2,047 8.14 sq mi (21.1 km2) 251.6
Golden Valley Mohave 8,370 78.74 sq mi (203.9 km2) 106.3
Goodyear Village Pinal 457 3.36 sq mi (8.7 km2) 136.1 Gila River
Grand Canyon Village Coconino 2,004 13.40 sq mi (34.7 km2) 149.5
Grand Canyon West Mohave 2 17.60 sq mi (45.6 km2) 0.1 Hualapai
Greasewood Navajo 547 5.35 sq mi (13.9 km2) 102.4 Navajo
Green Valley Pima 21,391 32.26 sq mi (83.6 km2) 663.4
Greer Apache 41 0.53 sq mi (1.4 km2) 77.7
Gu Oidak Pima 188 7.09 sq mi (18.4 km2) 26.5 Tohono O’odham
Hackberry Mohave 68 17.59 sq mi (45.6 km2) 3.9
Haigler Creek Gila 19 1.61 sq mi (4.2 km2) 11.8
Haivana Nakya Pima 96 1.86 sq mi (4.8 km2) 51.6 Tohono O’odham
Hard Rock Navajo 94 5.92 sq mi (15.3 km2) 15.9 Hopi/Navajo
Heber-Overgaard Navajo 2,822 6.86 sq mi (17.8 km2) 411.2
Hondah Navajo 812 12.28 sq mi (31.8 km2) 66.3 Fort Apache
Hotevilla-Bacavi Navajo 957 11.76 sq mi (30.5 km2) 81.4 Hopi
Houck Apache 1,024 42.28 sq mi (109.5 km2) 24.1 Navajo
Hunter Creek Gila 48 2.20 sq mi (5.7 km2) 21.8
Icehouse Canyon Gila 677 4.90 sq mi (12.7 km2) 138.1
Indian Wells Navajo 255 10.40 sq mi (26.9 km2) 24.5 Navajo
Jakes Corner Gila 76 1.42 sq mi (3.7 km2) 53.5
Jeddito Navajo 293 5.42 sq mi (14.0 km2) 54.1 Navajo
Joseph City Navajo 1,386 7.41 sq mi (19.2 km2) 187.3
Kachina Village Coconino 2,622 1.22 sq mi (3.2 km2) 2,144.4
Kaibab Mohave 124 6.46 sq mi (16.7 km2) 19.2 Kaibab Paiute
Kaibito Coconino 1,522 15.90 sq mi (41.2 km2) 95.7 Navajo
Kaka Maricopa 141 0.26 sq mi (0.7 km2) 545.0 Tohono O’odham
Katherine Mohave 103 4.62 sq mi (12.0 km2) 27.2
Kayenta Navajo 5,189 13.24 sq mi (34.3 km2) 393.9 Navajo
Keams Canyon Navajo 304 16.65 sq mi (43.1 km2) 18.3 Hopi
Kino Springs Santa Cruz 136 0.26 sq mi (0.7 km2) 526.3
Klagetoh Apache 242 0.34 sq mi (0.9 km2) 722.8 Navajo
Kohatk Pinal 27 0.10 sq mi (0.3 km2) 275.3 Tohono O’odham
Kohls Ranch Gila 46 1.17 sq mi (3.0 km2) 39.3
Komatke Maricopa 821 2.24 sq mi (5.8 km2) 366.5 Gila River
Ko Vaya Pima 46 1.10 sq mi (2.8 km2) 41.8 Tohono O’odham
Kykotsmovi Village Navajo 746 16.93 sq mi (43.8 km2) 44.1 Hopi
Lake Montezuma Yavapai 4,706 12.04 sq mi (31.2 km2) 391.1 Yavapai-Apache
Lake of the Woods Navajo 4,094 4.14 sq mi (10.7 km2) 1,032.4
La Paz Valley La Paz 699 29.33 sq mi (76.0 km2) 23.8
Lazy Y U Mohave 248 15.71 sq mi (40.7 km2) 27.2
LeChee Coconino 1,443 16.60 sq mi (43.0 km2) 86.9 Navajo
Leupp Coconino 951 13.56 sq mi (35.1 km2) 70.2 Navajo
Linden Navajo 2,597 30.48 sq mi (78.9 km2) 85.2
Littlefield Mohave 308 11.96 sq mi (31.0 km2) 25.7
Littletown Pima 873 0.12 sq mi (0.3 km2) 7,006.7
Low Mountain Navajo 757 36.90 sq mi (95.6 km2) 20.5 Hopi/Navajo
Lower Santan Village Pinal 374 4.15 sq mi (10.7 km2) 90.0 Gila River
Lukachukai Apache 1,701 22.02 sq mi (57.0 km2) 77.4 Navajo
Lupton Apache 25 0.35 sq mi (0.9 km2) 71.8 Navajo
McConnico Mohave 70 6.56 sq mi (17.0 km2) 10.7
McNary Apache/Navajo 528 5.57 sq mi (14.4 km2) 96.1 Fort Apache
McNeal Cochise 238 3.75 sq mi (9.7 km2) 63.5
Maish Vaya Pima 158 4.24 sq mi (11.0 km2) 37.3 Tohono O’odham
Many Farms Apache 1,348 8.18 sq mi (21.2 km2) 165.3 Navajo
Maricopa Colony Maricopa 709 5.57 sq mi (14.4 km2) 127.3 Gila River
Martinez Lake Yuma 798 9.14 sq mi (23.7 km2) 97.6
Mayer Yavapai 1,497 20.08 sq mi (52.0 km2) 74.6
Mead Ranch Gila 38 0.60 sq mi (1.6 km2) 63.6
Meadview Mohave 1,224 31.04 sq mi (80.4 km2) 39.4
Mesa del Caballo Gila 765 0.32 sq mi (0.8 km2) 2,428.5
Mescal Cochise 1,812 4.87 sq mi (12.6 km2) 372.8
Mesquite Creek Mohave 416 1.01 sq mi (2.6 km2) 410.2 Fort Mojave
Miracle Valley Cochise 644 0.55 sq mi (1.4 km2) 1,177.0
Moccasin Mohave 89 0.77 sq mi (2.0 km2) 116.2 Kaibab Paiute[e]
Moenkopi Coconino 964 1.50 sq mi (3.9 km2) 188.9 Hopi
Mohave Valley Mohave 2,616 14.04 sq mi (36.4 km2) 186.5 Fort Mojave[e]
Mojave Ranch Estates Mohave 52 0.75 sq mi (1.9 km2) 69.5 Fort Mojave
Morenci Greenlee 1,489 0.98 sq mi (2.5 km2) 1,549.2
Morristown Maricopa 227 0.81 sq mi (2.1 km2) 281.5
Mountainaire Coconino 1,119 10.20 sq mi (26.4 km2) 109.8
Munds Park Coconino 631 22.29 sq mi (57.7 km2) 28.4
Naco Cochise 1,046 3.30 sq mi (8.5 km2) 316.8
Nazlini Apache 489 7.46 sq mi (19.3 km2) 65.6 Navajo
Nelson Pima 259 0.44 sq mi (1.1 km2) 588.3
New Kingman-Butler Mohave 12,134 4.97 sq mi (12.9 km2) 2,441.8
New River Maricopa 14,952 55.76 sq mi (144.4 km2) 268.2
Nolic Pima 37 0.52 sq mi (1.3 km2) 70.8 Tohono O’odham
North Fork Navajo 1,417 61.62 sq mi (159.6 km2) 23.0 Fort Apache
Nutrioso Apache 26 0.31 sq mi (0.8 km2) 84.6
Oak Springs Apache 63 0.19 sq mi (0.5 km2) 338.9 Navajo
Oatman Mohave 135 0.19 sq mi (0.5 km2) 703.0
Oljato-Monument Valley Navajo 154 12.42 sq mi (32.2 km2) 12.4 Navajo
Oracle Pinal 3,686 16.41 sq mi (42.5 km2) 224.7
Orange Grove Mobile Manor Yuma 594 0.06 sq mi (0.2 km2) 9,478.5
Oxbow Estates Gila 217 0.49 sq mi (1.3 km2) 442.0
Padre Ranchitos Yuma 171 0.29 sq mi (0.8 km2) 589.4
Palominas Cochise 212 1.93 sq mi (5.0 km2) 110.0
Parker Strip La Paz 662 4.16 sq mi (10.8 km2) 212.0
Parks Coconino 1,188 172.36 sq mi (446.4 km2) 6.9
Paulden Yavapai 5,231 57.06 sq mi (147.8 km2) 91.7
Peach Springs Mohave 1,090 7.91 sq mi (20.5 km2) 137.7 Hualapai
Peeples Valley Yavapai 428 15.14 sq mi (39.2 km2) 28.3
Peridot Gila/Graham 1,350 5.16 sq mi (13.4 km2) 261.8 San Carlos Apache
Picacho Pinal 471 6.35 sq mi (16.4 km2) 74.1
Picture Rocks Pima 9,563 70.88 sq mi (183.6 km2) 134.9
Pimaco Two Pima 682 4.54 sq mi (11.8 km2) 150.2
Pinal Gila 439 0.44 sq mi (1.1 km2) 1,001.5
Pine Gila 1,963 32.42 sq mi (84.0 km2) 60.6
Pine Lake Mohave 138 1.69 sq mi (4.4 km2) 81.8
Pinedale Navajo 487 9.68 sq mi (25.1 km2) 50.3
Pinetop Country Club Navajo 1,794 6.75 sq mi (17.5 km2) 265.7
Pinion Navajo 904 6.49 sq mi (16.8 km2) 139.5 Navajo
Pinion Pines Mohave 186 1.50 sq mi (3.9 km2) 123.8
Pirtleville Cochise 1,744 1.87 sq mi (4.8 km2) 930.8
Pisinemo Pima 321 2.27 sq mi (5.9 km2) 141.5 Tohono O’odham
Poston La Paz 285 1.36 sq mi (3.5 km2) 209.1 Colorado River
Queen Valley Pinal 788 9.74 sq mi (25.2 km2) 80.9
Rainbow City Navajo 968 2.18 sq mi (5.6 km2) 444.5 Fort Apache
Rancho Mesa Verde Yuma 625 0.11 sq mi (0.3 km2) 5,565.3
Red Mesa Apache 480 12.85 sq mi (33.3 km2) 37.4 Navajo
Red Rock Apache 169 1.17 sq mi (3.0 km2) 145.0 Navajo
Red Rock Pinal 2,169 47.31 sq mi (122.5 km2) 45.9
Rillito Pima 97 0.07 sq mi (0.2 km2) 1,372.4
Rincon Valley Pima 5,139 27.83 sq mi (72.1 km2) 184.6
Rio Rico Santa Cruz 18,962 62.44 sq mi (161.7 km2) 304.6
Rio Verde Maricopa 1,811 5.05 sq mi (13.1 km2) 359.1
Rock House Gila 50 0.64 sq mi (1.7 km2) 82.2
Rock Point Apache 642 14.18 sq mi (36.7 km2) 45.3 Navajo
Roosevelt Gila 28 3.09 sq mi (8.0 km2) 9.1
Rough Rock Apache 414 12.79 sq mi (33.1 km2) 32.4 Navajo
Round Rock Apache 789 14.35 sq mi (37.2 km2) 55.4 Navajo
Round Valley Gila 487 4.79 sq mi (12.4 km2) 101.8
Rye Gila 77 0.51 sq mi (1.3 km2) 151.3
Sacate Village Pinal 169 3.48 sq mi (9.0 km2) 48.5 Gila River
Sacaton Pinal 2,672 8.12 sq mi (21.0 km2) 329.0 Gila River
Sacaton Flats Village Pinal 541 6.24 sq mi (16.2 km2) 86.8 Gila River
Saddlebrooke Pinal 9,614 29.29 sq mi (75.9 km2) 328.2
St. David Cochise 1,699 5.34 sq mi (13.8 km2) 319.0
St. Johns Maricopa 476 2.28 sq mi (5.9 km2) 208.7 Gila River
St. Michaels Apache 1,443 3.82 sq mi (9.9 km2) 377.9 Navajo
Salome La Paz 1,530 33.33 sq mi (86.3 km2) 45.9
San Carlos Gila 4,038 8.58 sq mi (22.2 km2) 470.8 San Carlos Apache
San Jose Graham 506 4.21 sq mi (10.9 km2) 120.6
San Manuel Pinal 3,551 20.75 sq mi (53.7 km2) 171.4 Tohono O’odham
San Miguel Pima 197 5.65 sq mi (14.6 km2) 34.9
San Simon Cochise 165 0.70 sq mi (1.8 km2) 235.8
San Tan Valley Pinal 81,321 35.78 sq mi (92.7 km2) 2,272.7
Sanders Apache 630 2.39 sq mi (6.2 km2) 263.1 Navajo[e]
Santa Cruz Pinal 37 1.63 sq mi (4.2 km2) 22.7 Gila River
Santa Rosa Pima 628 6.55 sq mi (17.0 km2) 95.9 Tohono O’odham
Sawmill Apache 748 5.77 sq mi (14.9 km2) 129.7 Navajo
Scenic Mohave 1,643 16.50 sq mi (42.7 km2) 100.1
Seba Dalkai Navajo 136 15.13 sq mi (39.2 km2) 9.0 Navajo
Second Mesa Navajo 962 40.14 sq mi (104.0 km2) 24.0 Hopi
Sehili Apache 135 0.65 sq mi (1.7 km2) 207.1 Navajo
Seligman Yavapai 445 6.41 sq mi (16.6 km2) 69.4
Sells Pima 2,495 9.50 sq mi (24.6 km2) 262.8 Tohono O’odham
Seven Mile Navajo 707 2.27 sq mi (5.9 km2) 312.4 Fort Apache
Shongopovi Navajo 831 1.59 sq mi (4.1 km2) 523.7 Hopi
Shonto Navajo 591 4.56 sq mi (11.8 km2) 129.7 Navajo
Sierra Vista Southeast Cochise 14,797 110.92 sq mi (287.3 km2) 133.4
Six Shooter Canyon Gila 1,019 2.92 sq mi (7.6 km2) 349.4
So-Hi Mohave 477 0.88 sq mi (2.3 km2) 544.7
Solomon Graham 426 0.21 sq mi (0.5 km2) 2,045.6
Sonoita Santa Cruz 818 10.56 sq mi (27.4 km2) 77.5
South Komelik Pima 111 3.90 sq mi (10.1 km2) 28.5 Tohono O’odham
Spring Valley Yavapai 1,148 10.58 sq mi (27.4 km2) 108.5
Stanfield Pinal 740 3.95 sq mi (10.2 km2) 187.9
Steamboat Apache 284 2.40 sq mi (6.2 km2) 118.6 Navajo
Stotonic Village Pinal 659 4.95 sq mi (12.8 km2) 133.0 Gila River
Strawberry Gila 961 9.47 sq mi (24.5 km2) 101.6
Summerhaven Pima 40 4.54 sq mi (11.8 km2) 8.8
Summit Pima 5,372 4.49 sq mi (11.6 km2) 1,196.6
Sun City Maricopa 37,499 14.54 sq mi (37.7 km2) 2,610.5
Sun City West Maricopa 24,535 10.94 sq mi (28.3 km2) 2,245.1
Sun Lakes Maricopa 13,975 5.34 sq mi (13.8 km2) 2,628.8
Sun Valley Navajo 316 31.61 sq mi (81.9 km2) 10.0
Sunizona Cochise 281 8.48 sq mi (22.0 km2) 33.1
Sunwest La Paz 15 24.25 sq mi (62.8 km2) 0.6
Supai Coconino 208 1.73 sq mi (4.5 km2) 120.2 Havasupai
Sweet Water Village Pinal 83 0.80 sq mi (2.1 km2) 103.8 Gila River
Swift Trail Junction Graham 2,935 3.70 sq mi (9.6 km2) 800.2
Tacna Yuma 602 1.92 sq mi (5.0 km2) 313.3
Tanque Verde Pima 16,901 32.98 sq mi (85.4 km2) 512.5
Tat Momoli Pinal 10 0.93 sq mi (2.4 km2) 10.8 Tohono O’odham
Teec Nos Pos Apache 730 14.30 sq mi (37.0 km2) 51.1 Navajo
Tees Toh Navajo 448 17.00 sq mi (44.0 km2) 26.3 Navajo
Theba Maricopa 158 0.62 sq mi (1.6 km2) 254.2
Three Points Pima 5,581 46.42 sq mi (120.2 km2) 120.2
Tolani Lake Coconino 280 0.43 sq mi (1.1 km2) 655.1 Navajo
Tonalea Coconino 549 9.93 sq mi (25.7 km2) 55.3 Navajo
Tonopah Maricopa 60 1.37 sq mi (3.5 km2) 43.9
Tonto Basin Gila 1,424 31.32 sq mi (81.1 km2) 45.5
Tonto Village Gila 256 0.33 sq mi (0.9 km2) 765.7
Topawa Pima 299 5.16 sq mi (13.4 km2) 58.0 Tohono O’odham
Topock Mohave 10 0.26 sq mi (0.7 km2) 38.5
Top-of-the-World Gila/Pinal 231 6.06 sq mi (15.7 km2) 38.1
Toyei Apache 13 0.33 sq mi (0.9 km2) 40.0 Navajo
Truxton Mohave 134 3.82 sq mi (9.9 km2) 35.5
Tsaile Apache 1,205 6.00 sq mi (15.5 km2) 202.5 Navajo
Tubac Santa Cruz 1,191 10.80 sq mi (28.0 km2) 110.3
Tuba City Coconino 8,611 8.97 sq mi (23.2 km2) 959.5 Navajo
Tucson Estates Pima 12,192 13.00 sq mi (33.7 km2) 938.1
Tumacacori-Carmen Santa Cruz 393 1.97 sq mi (5.1 km2) 200.1
Turkey Creek Navajo 294 0.82 sq mi (2.1 km2) 357.8 Fort Apache
Upper Santan Village Pinal 495 7.06 sq mi (18.3 km2) 70.1 Gila River
Utting La Paz 126 26.47 sq mi (68.6 km2) 4.8
Vail Pima 10,208 22.66 sq mi (58.7 km2) 450.5
Vaiva Vo Pinal 128 0.46 sq mi (1.2 km2) 277.8 Tohono O’odham
Valencia West Pima 9,355 10.44 sq mi (27.0 km2) 896.3
Valentine Mohave 38 1.59 sq mi (4.1 km2) 23.8 Hualapai
Valle Coconino 832 243.89 sq mi (631.7 km2) 3.4
Valle Vista Mohave 1,659 11.99 sq mi (31.1 km2) 138.4
Ventana Pima 49 1.04 sq mi (2.7 km2) 47.3 Tohono O’odham
Verde Village Yavapai 11,605 6.98 sq mi (18.1 km2) 1,662.5
Vernon Apache 122 0.57 sq mi (1.5 km2) 215.6
Vicksburg La Paz 597 142.93 sq mi (370.2 km2) 4.2
Village of Oak Creek Yavapai 6,147 5.26 sq mi (13.6 km2) 1,169.4
Wagon Wheel Navajo 1,652 3.08 sq mi (8.0 km2) 570.5
Wahak Hotrontk Pima 114 1.54 sq mi (4.0 km2) 74.0 Tohono O’odham
Wall Lane Yuma 415 0.44 sq mi (1.1 km2) 952.2
Walnut Creek Mohave 562 1.53 sq mi (4.0 km2) 366.2
Washington Park Gila 70 2.62 sq mi (6.8 km2) 26.7
Wellton Hills Yuma 258 0.64 sq mi (1.7 km2) 403.5
Wenden La Paz 728 14.95 sq mi (38.7 km2) 48.7
Wet Camp Village Pinal 229 4.40 sq mi (11.4 km2) 52.0 Gila River
Wheatfields Gila 785 8.06 sq mi (20.9 km2) 97.4
Whetstone Cochise 2,617 11.91 sq mi (30.8 km2) 219.8
Whispering Pines Gila 148 0.43 sq mi (1.1 km2) 344.8
White Hills Mohave 323 51.92 sq mi (134.5 km2) 6.2
White Mountain Lake Navajo 2,205 24.25 sq mi (62.8 km2) 92.1
Whitecone Navajo 817 45.11 sq mi (116.8 km2) 18.1 Navajo
Whiteriver Navajo 4,104 15.78 sq mi (40.9 km2) 261.9 Fort Apache
Why Pima 167 8.96 sq mi (23.2 km2) 18.6 Tohono O’odham[e]
Wide Ruins Apache 176 0.39 sq mi (1.0 km2) 449.8 Navajo
Wikieup Mohave 133 4.44 sq mi (11.5 km2) 30.0
Wilhoit Yavapai 868 15.69 sq mi (40.6 km2) 55.3
Williamson Yavapai 5,438 56.92 sq mi (147.4 km2) 95.5
Willow Canyon Pima 1 0.33 sq mi (0.9 km2) 3.0
Willow Valley Mohave 1,062 4.97 sq mi (12.9 km2) 215.2 Fort Mojave
Window Rock Apache 2,712 5.28 sq mi (13.7 km2) 513.9 Navajo
Winslow West Coconino/Navajo 438 17.86 sq mi (46.3 km2) 24.5 Hopi[e]
Wintersburg Maricopa 136 0.50 sq mi (1.3 km2) 274.5
Wittmann Maricopa 763 0.95 sq mi (2.5 km2) 803.8
Woodruff Navajo 191 5.78 sq mi (15.0 km2) 33.1
Yarnell Yavapai 649 8.82 sq mi (22.8 km2) 73.5
York Greenlee 557 1.87 sq mi (4.8 km2) 298.3
Young Gila 666 47.82 sq mi (123.9 km2) 13.9
Yucca Mohave 126 2.24 sq mi (5.8 km2) 56.3

There are 15 counties in the state of Arizona. Four counties (Mohave, Pima, Yavapai and Yuma) were created in 1864 following the organization of the Arizona Territory in 1862. All but La Paz County were created by the time Arizona was granted statehood in 1912.

The names of many of the counties pay tribute to the state’s Native American heritage. Nine of the fifteen counties are named after various native groups that are resident in parts of what is now Arizona. Three of the other counties have Spanish names from the language of the early Hispanic explorers of Arizona: La Paz CountySanta Cruz County, and Pinal County. Another county, Graham County, is named for a physical feature, Mount Graham, with the final county,Greenlee County, being named after one of the state’s early pioneers.

Click here for an Interactive Arizona Map of Counties with Cities and Towns.

Pick a city or town in Arizona…it’s a great place to live!

If you need a REALTOR(R) in one of these cities or towns

give us a call… our network is awesome.  We’ll be able to put you in contact with someone who can help you with your needs.

Kathy Howe how2arizona real estate

Kathy Howe aka SedonaKathy

  • how2arizona real estate LLC
  • how2educate LLC
  • Sedona, AZ
  • 928-274-4088
  • kathy@kathyhowe.com
  • Uptown Sedona Resident

Arizona Cities and Towns…

Uptown Sedona and West Fork

Map of Uptown Sedona, AZ

Map of Uptown Sedona, AZ

 

 

Uptown Sedona Homes for Sale


If you’re looking for a property for sale in one of the most stable neighborhoods in Sedona, give Kathy Howe a call:  928-274-4088.

Here are a few of our favorite Uptown listings:  Click here.

Here is the Sold information for Sedona areas, including Uptown:  Click here.

Solds

Area 41 includes Uptown.

Uptown 

Uptown

This is the time to come to Sedona, enjoy the cool, brisk weather, hike Brins Mesa, stop at West Fork for a walk along Oak Creek while you “leaf-peep” the fall colors, stop at Junipine Resort for lunch, or call to see if you can dine at Garland’s Resort.

Fall in the Sedona area is one of the most beautiful times of the year.  From Jazz on the Rocks, the Plein Air Festival at the Sedona Art Center, Halloween on Main Street, start of the Sedona Chamber Music’s 29th season, and strolling through Tlaquepaque, you will sense and feel the serenity, peace, and sense of self that we residents feel all year round.

For more information about what to do while in Sedona, visit the Sedona Chamber of Commerce.

Ladies:  Chico’s is at The Pinon Shops at the Hyatt in Uptown!

For hiking information, visit The Hike House, or venture out on your own.  To help you with hiking information, click here.  For Sedona Restaurants, try Picazzo’s, Heartline Cafe, The Coffee Pot Restaurant, the Hideaway, Ken’s Creekside, the Barking Frog, Shugrue’s, Javelina Cantina, Taos Grill, Hundred Rox at Amara, L’Auberge de Sedona, Canyon Breeze for dancing on the weekends… The Cowboy Club in Uptown features buffalo burgers and cactus fries…

Uptown

This picture was taken 11-10-10 as part of Kathy’s annual fall walk along Oak Creek in West Fork.  She’s been doing it since the early ’70s and it only gets better every year.

More pictures of the West Fork area can be found at SedonaKathy’s website.

Once you have savored the tastes, smells, and sights of Sedona and the surrounding areas, consider making Sedona a permanent place for you to vacation by looking at possible second, third, or fourth homes.  If you really sense the beauty and peace of Sedona, consider this your new permanent residence.  Let Kathy show you properties throughout the Sedona area… it just might be the first day of the rest of your life!

“Kathy, again thank you, thank you for your encouragement and support in this process.  It’s more than a job to you and we appreciate your patience and overwhelming enthusiasm of Sedona.  That really sold us.  A building site in this area was not a consideration and being non AZ bumpkins we sort of had an idea of what we wanted but truly had no clue.  YOU sold the neighborhood and that is what we really wanted.  At this point in our lives, we don’t want to be secluded with a gorgeous view.  Uptown is close to most things we need and when we finally build and live there can investigate the rest depending on our needs.
Thank you Ms. Kathy.  Love ya”

Kathy Howe aka SedonaKathy 928-274-4088, kathy@kathyhowe.com is a resident of…

Uptown Sedona

Sedona Golf Resort

Sedona Golf Resort Golf Course

Sedona Golf Resort Golf Course

 

Play Golf at the Sedona Golf Resort

Sedona in the fall is awesome!  Beautiful fall colors begin to dot the landscape.  The weather is clean and crisp.  The golf is outstanding!  And there are specials.  Grab your clubs and book a tee time at the Sedona Golf Resort.

Sedona Golf

The Sedona Golf Resort

A day of Sedona golf is one of the best things you can do for yourself.  When your game is over and you have a chance to look around, call Bert Berkshire to show you some of the properties for sale at the Sedona Golf Resort.  Bert has a great listing at 189 Ridge Rock Road.  It’s one of the best priced of the Sedona homes for sale in the area an it’s barely been lived in!  On a cul-de-sac…

Sedona Golf  Call Bert:  928-300-3523

Let Bert show you

The Sedona Golf Resort

Sedona Golf

And spend some time at the Hilton Sedona Resort and Spa - then maybe head over to Tequa for dinner at one of the restaurants.

One of Sedona’s best restaurants can be found at Cucina Rustica.  One of the finest Italian restaurants in the area.

Shopping at the Outlet Mall…

Sedona Golf

Sedona’s Golf Resort area, located south of Sedona on SR179 is one-of-a-kind in vacation living.  Try it.  You won’t be disappointed.  The Resort is located near the Village of Oak Creek and its club house, tennis, and golf course.  The area is perfect for those who want to enjoy Arizona and avoid the big city life.  Two great areas for outdoor living.  Sedona golf is the best!

Try the Sedona Golf Resort

 

 

Uptown Sedona Listings

Uptown sedona

Uptown Sedona Listings

 

Uptown Sedona listings

As of 11-27-11, there are 28 listings in Sedona Uptown’s area 41

We will only be listing those North of SR89A.  Call for those South of SR89A, along SR179, Brewer Rd, and along Cook’s Hill.  928-274-4088

Uptown Sedona listings

More Uptown Sedona listings to come…Uptown Sedona listings

Kathy Howe aka SedonaKathy

Kathy lives, works, plays, and serves on the Board of Directors of Uptown Sedona’s Main Street Program.  Uptown is the original center of Sedona with historical information, the Jordan Park Heritage Museum, trail heads, views, shopping, restaurants, and is part of the Gallery district.

Uptown Sedona Homes for Sale

Uptown Sedona Listings

 

Not Everything Did I Learn In Kindergarten

Kindergarten

The REALTOR(r) Code of Ethics

Yesterday I had the privilege and pleasure of attending one of the best real estate continuing education classes ever. 25 years. The class was put on by Lin Ferrara of Eagle University, First American Title, and featured Bill Gray of Arizona School of Real Estate and Business, along with our very own, Jim Sexton, of John Hall. The class was “The Code Rules” with a certificate for 3 hours of Commissioner’s Standards. It didn’t stop there! That same class gave all REALTOR® attendees their “Quadrennial Code of Ethics Training”…yes! Double value!  REALTORS(r) rock!!

REALTOR

So what did I learn other than what I learned in kindergarten?

First, we need to review that insightful poem by Robert Fulghum which was read by Jim Sexton at the closing of the class:
  • “…
  •  Share everything
  •  Play fair
  •  Don’t hit people
  •  Put things back where you found them
  •  Clean up your own mess
  •  Don’t take things that aren’t yours
  •  Say you’re sorry when you hurt somebody
  •  Wash your hands before you eat
  •  Flush
  •  Warm cookies and cold milk are good for you
  •  Live a balanced life
  •  Learn some and think some
  •  And draw and paint and sing and dance
  •  And play and work everyday some
  •  Take a nap every afternoon
  •  When you go out into the world, watch out for traffic
  •  Hold hands and stick together
  •  Be aware of wonder
…”

“Be aware of wonder.” My personal favorite.

After 25 years in the real estate business as a REALTOR(r), salesperson, a broker, a trainer, an educator, a past member of the Arizona Real Estate Advisory Board, and an ardent believer that “if you can dream it, you can do it!”, I was profoundly moved and reminded of what professionalism means through the REALTOR(r) Code of Ethics and our Arizona statutes and rules.
REALTOR

The REALTOR(r) Code of Ethics

What did I learn?

Article 1: I should never use the term “free” when I advertise my buyer-broker-value to a prospective client. Nothing in life is “free”.
Article 2: I must disclose what I know about my listing, but I am not required to investigate beyond my “standard of care”. Apparent is something I can see. Latent is different.
Article 3: If I am not a member of a board/association, I must contact the listing agent before showing a property to see if the listing agent will be cooperative with me and pay me (written agreement for commission). Until we have a statewide MLS, I could work for “free” if I’m not careful.
Note:  I must understand what a variable rate commission means and alert other brokers to put on their “best game” if I represent the seller, and a buyer, at a reduced commission, in a multiple offer situation.
Article 4: I must disclose any interest I have or any interest my family has in a property. If I can’t legally marry them (or remarry them), I should disclose them.
Article 5: If I want to purchase a property so I can “flip” it, I should not undervalue it if asked by the seller to give it a value. “Flipping” is okay. Under-puffing the goods is not.
Article 6: I must disclose the $xx “bonus” I get from the home warranty company for selling or giving a home warranty at closing.
Article 7: I must get the approval of my buyer for my broker to receive a “bonus” from the listing broker if my buyer buys the listed property.
Article 8: I must follow my broker’s office policies about earnest deposits and not keep client cash or checks in my desk drawer. I must turn over these monies to my broker to keep in the broker trust account so the broker can account for these monies to the client, deposit them with an escrow company Better than me losing the cash or the checks!!
Article 9: I must leave you, my client, with a copy of any agreements, so I will email the pdf file to you after we have written and signed it. Digital is great! Save a tree! We all have digital abilities through ZipForms, eSignatures, and the Internet. Life is good.
Article 10: I must never discriminate. If you are red, yellow, black, brown, green, single with children, gay, lesbian, Irish, Jewish, male or female, legally blind or different from me, I should find you a house (and treat you all equally)
Article 11: I will continue not to do certain types of real estate, like business broker biz or property management, because I don’t give it my best. I will refer business if I cannot properly service a client according to the standard of care. I will let my client know that we will do things differently if I cannot be as good as I can be. I want Christmas cards every year.
Article 12: If I advertise “free” anything, I need to explain the terms and conditions. “Free, but…”
Article 13: I should not overstep my 26th AZ Constitution Amendment abilities by giving legal advice on issues that I do not have expertise on, in, or around. Attorneys are good.
Article 14: If I am accused of being a bad REALTOR®, I’ll participate in the process so I can show I’m a good REALTOR®.
Article 15: Don’t talk “stink” about competitors. Don’t leave verbal cleat marks on the backs of competitors to get a listing or gain a buyer.
Article 16: I can go door-to-door with door hangers and put them on a door with a sign on the property if I am doing all doors in the area. It’s like mailing postcards…
Article 17: If I cannot get along with, disagree with, or am having a dispute with, another REALTOR®, I will submit it to the REALTOR® family to settle.
REALTOR
I learned that the reason I am still in real estate, and a REALTOR(r), after 25 years is because of the REALTOR® Code of Ethics, and because of those of you who were in the class. We learn, participate, and teach others, and in doing so, raise the bar of professionalism.
REALTOR
We are a profession.  I am proud to be a member of the real estate profession.

Kathy Howe, Owner/Broker  (proud REALTOR)REALTOR

  • how2arizona real estate LLC
  • 450 Jordan Road   “C”
  • Sedona, AZ 86336
  • 928-274-4088
  • kathy@kathyhowe.com
REALTOR(R) member of the Sedona Main Street Program in Uptown and resident of the Uptown area.

“As Is” Means “Buyer Beware”

as is


Are you thinking of purchasing a home? It’s a great time to buy!

“As Is” = “Buyer Beware”


Know that if you are going to purchase a foreclosure or a “short sale”, you will be required to sign an “as is” addendum. That addendum may be a bank-attorney drafted “as is” paragraph in the purchase contract addendum, or it could be the Arizona Association of REALTORS(R) “as is” addendum.

Whichever, you need to give some thought to what the “as is” addendum means.

Is “as is” just a statement that the Seller is not going to pay for repairs?

No. Absolutely not.

  • It’s about you taking the property in its current condition.
  • It’s about you not getting any warranties.
  • It’s about the Seller having to disclose all material latent defects.
  • It’s about the Seller having to give you time for inspections.
  • It’s about you doing inspections.
  • It’s about you checking and rechecking information.
  • It’s about you having to pay for repairs that are normally costs of the Seller.

Your Buyer’s agent will give you direction about city, county, state officials to contact. The HOA, homeowner association, information will be made available to you and you should talk with them and the neighbors. Be sure to ask for the “pickiest” home inspector. Yes. Without any Seller disclosure on a foreclosure, you want an inspection that addresses everything. You want an inspector who tells you the “good, bad, and the ugly.”

Arizona’s Home Inspectors are certified, but there are still A, A+, and “B” inspectors. Ask your agent for names of 3 inspectors and spend the time to interview them. Don’t be blown away by a huge binder with lots of paper, but rather look at the background of the inspector, and ask for references.

“As Is”

More information can be obtained about the language of the purchase contract and the “as is” addendum in a post at how2educate’s website.  Click here.

The more you know about “as is”, the better your buying experience.

While you are looking for Sedona, Verde Valley, Jerome, Clarkdale, Cottononwood, Cornville, Village of Oak Creek, or Sedona Golf Resort properties for sale, you’ll give us a call.  We can assist you with “as is” property conditions.

Kathy Howe  Owner/Broker  928-274-4088

as is

Sedona “as is” properties for sale include foreclosures, short sales, and traditional sales.




Coconino County Septic System Worksheet

Coconino County Alternative Waste Disposal System worksheet when sewer hook-up is not available.

Use this worksheet when trying to decide what size waste system you will need when your build your dream home.


Coconino County

One note to be concerned with is the notation that in Coconino County, any room that is 70 square feet is considered a bedroom for the purpose of computing septic or alternative waste system size.

Whether you purchase one of the many Sedona homes, lots, or properties for sale in the Uptown, Palisades, Chapel Area, the Coconino County Rules will prevail.  See the map bifurcating Sedona into 2 separate counties:  Coconino County and Yavapai County.  The City of Sedona has its rules as well.

Coconino County

COCONINO COUNTY WEBSITE

Consulting with your contractor about the need for a good engineer when you build your dream home, or consulting with the engineer before you decide to remodel the dream home you have purchased will go along way in saving you money if you do not have sewer hook-up.

Procedures for your Coconino County site evaluation.

Coconino County remodel or addition requirements.

If you are purchasing a Sedona home for sale, it is wise to ask the listing agent for a copy of the Coconino County alternative waste disposal system approval.  There’s a lot of information to gain and you may wish to know about the system before you purchase rather than finding yourself in the middle of a due diligence period without time to understand the system and what it will cost to maintain.

Kathy Howe aka SedonaKathy

  • how2arizona real estate LLC
  • 450 Jordan Rd “C”, Sedona, AZ 86336
  • 928-274-4088
  • kathy@kathyhowe.com

Proud resident of Uptown Sedona (Coconino County)

Does “As Is” Mean No Seller Property Disclosure?

Seller Property Disclsoure

In Arizona we use Hill v. Jones as our foundation for seller property disclosure.

“A seller has an affirmative duty to disclose material facts which adversely affect the value of the property.” Arizona Court of Appeals, 151 Ariz. 81, 725 P.2d 1115 (1986).

Recently we have begun to see more sellers using the “as is” addendum in traditional sales (not just REOs and foreclosures).  What does this mean to buyers?

Another Arizona case describes “as is” and its impact on a transaction:  S Development Company v. Pima Capital Management Co.

“We hold that latent defects in a property sold “as is” that are known to the vendor must be disclosed to the purchaser.   We also hold that a vendor may be held liable for negligent nondisclosure of facts basic to the transaction when the purchaser is precluded by the vendor from discovering those facts.”  These words reaffirm Hill v. Jones.  Sellers cannot say they have made all disclosures and then not allow the buyer an inspection period.

Further in S Development Company v. Pima Capital Management Co., “…Consequently, absent fraud or misrepresentation, a contractual agreement to accept real property “as is” with the right to inspect defeats liability…”

What is the difference between a latent defect and a patent defect as it affects property disclsoure?

Patent comes from the word “apparent”; therefore, a patent defect is one that can be discovered visible or by an inspection.

Latent defects are described as:  “a hidden flaw, weakness or imperfection in an article which a seller knows about, but the buyer cannot discover by reasonable inspection.” – the Free Legal Dictionary

“As Is” in Arizona has always been upheld as “caveat emptor” or “buyer beware”, if 2 things happen:  1)  seller discloses latent material information; and 2)  buyer is allowed an inspection period.

Recently this story came out from Inman News (one of real estate’s top news organizations) about “as is” as it applies to Alabama real estate transactions.  Teer v. Johnston

As a buyer it is highly recommended that you and your agent discuss the ramifications of signing an “as is” addendum.  The onus of proof that the seller committed fraud or misrepresentation is on the shoulders of the buyer.  While the proof may be at hand, the courts may make a “caveat emptor” decision.

If asked to sign an “as is” addendum, try to write it out by stating something to the effect:  “…buyer is not asking the seller to pay for or to make any repairs but buyer conditions the sale on the warranties of sections…”

Most sellers think that “as is” means they don’t have to pay for repairs.  The same holds for some buyers and their agents.  It’s a lot more than about repairs…

It’s about property disclosure

property disclosure

Kathy Howe aka SedonaKathyproperty disclosure

Proud resident of Uptown Sedona

Does Your Real Estate Agent Negotiate for You?

negotiate

DOES YOUR REAL ESTATE AGENT NEGOTIATE FOR YOU?

Does your agent merely fax over your offer to the seller’s agent?

OR

Does your real estate agent ask to be present at the presentation of the offer for you?

As the seller, do you want to be able to ask questions about the buyer?  Might your questions of the buyer’s agent be able to clear up misunderstandings and give you a clear picture of the offer?  Might you and your agent be able to negotiate with the buyer’s agent?

In most areas of the country the NAR Multiple Listing Policies state something like the following:

SECTION 2.3 RIGHT OF COOPERATING BROKER IN PRESENTATION OF OFFER

The cooperating broker (subagent or buyer agent) or his representative has the right to participate in the presentation to the seller or lessor of any offer he/she secures to purchase or lease. He/she does not have the right to be present at any discussions or evaluations of that offer by the seller or lessor and the listing broker.

However, if the seller or lessor gives written instructions to the listing broker that the cooperating broker not be present when an offer the cooperating broker secured is presented, the cooperating broker has the right to a copy of the seller’s or lessor’s written instructions. None of the foregoing diminishes the listing broker’s right to control the establishment of appointments for such presentations.

The seller’s agent is also allowed to be present at the presentation of the counter offer unless the buyer gives written instructions to his/her agent not to allow the other agent at the presentation…and the seller’s agent has the right to see the written refusal of presence.

negotiate

As a buyer or seller, your agent should welcome the presence of the other agent.  Having the other agent at the presentation insures that all parties have been represented.  Both agents have been hired to negotiate for their clients.


You hire an agent to negotiate for you.

If you are the buyer, ask that your agent be at the presentation of the offer. To be certain your offer is presented in its total and to negotiate if the situation presents itself.

Before selecting an agent, ask the question:  “Do you encourage the buyer’s agent to be at the presentation of his/her offer?”  and “How do you intend to negotiate for me?”

If you get the response:  ”we don’t do things that way here”…  ask for the agent to explain how they intend to negotiate for you.


Expect the best!  Hire an agent who will negotiate for you.  After all, most advertise that they “will negotiate for you”.


GREAT negotiators:
ASK more and better questions…
LISTEN intently to the answers…
FIND AND SATISFY NEEDS!

~ Jim Hennings


negotiateKathy Howe aka SedonaKathy

how2arizona real estate
Owner/Broker/Educator
1120 W SR89A, B-5, Sedona, AZ 86336
Proud resident of Uptown Sedona!

928-274-4088

kathy@kathyhowe.com

Kathy Howe owns and operates how2educate LLC (real estate education) and is an Arizona Department of Real Estate educator who teaches real estate, including how to negotiate for your clients.

Our Vision and Mission Statement

how2arizona vision and mission

From our business plan…


Our vision:

…is to be one of Arizona’s premier boutique real estate brokerages.

vision and mission

Our mission:

is to give you, our clients and customers, service that educates you, saves you time, makes your choices easier, and moves you toward your goals.  We succeed if you succeed.

Let us know if we live up to our vision and our mission.  It’s important to all of us.

Our goals and strategies are directed at achieving our vision and our mission.  Our vision is our “what”.  Our mission is the “how”.  We strive for professionalism and work diligently to achieve your best results.  After all, our vision and mission depend upon you and your impression of how we handle your transaction(s).  Success can only be achieved if we gain your trust and your loyalty.  Without you and yours, our vision and mission will only be momentary and eventually unfulfilled.

Our vision and mission depend upon your success.


Kathy Howe, Owner/Brokervision and mission

Proud resident and business owner in Uptown Sedona.  Vision and mission… to be involved.