A.R.S. § 33-1213 — Construction and validity of declaration and bylaws

Construction and validity of declaration and bylaws

Condominiums · Text verified 2026-07-25

In plain English: This section sets the ground rules for reading the condominium documents when they conflict. If the declaration disagrees with other documents, the declaration wins; the articles of incorporation beat the bylaws and rules; and the bylaws beat the rules. A small, non-substantial failure of the documents to follow the chapter does not make your title to the unit unmarketable.

33-1213. Construction and validity of declaration and bylaws

A. All provisions of the condominium documents are severable.

B. The rule against perpetuities shall not be applied to defeat any provision of the condominium documents.

C. Except to the extent inconsistent with this chapter:

1. If a conflict exists between the provisions of the declaration and the other condominium documents, the declaration prevails.

2. If a conflict exists between the provisions of the articles of incorporation and the bylaws or rules, the articles of incorporation prevail.

3. If a conflict exists between the provisions of the bylaws and the rules, the bylaws prevail.

D. Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of any condominium documents to comply with this chapter.

Source: A.R.S. § 33-1213 — Arizona State Legislature