A.R.S. § 33-1226

Condominiums

Easement to facilitate exercise of special declarant rights

Condominiums · Text verified 2026-07-25

In plain English: The developer has an easement to pass through the common elements as reasonably necessary to carry out its duties or to exercise its special developer rights. This right is subject to what the declaration provides. In practical terms, it lets the developer access the property to complete and manage the project.

33-1226. Easement to facilitate exercise of special declarant rights

Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration.